Valverde and Korman Victorious in Article 78 Proceeding Before the Appellate Division, Second Department

June 7, 2016 | Appeals | Insurance Coverage

Frank A. Valverde and Cheryl F. Korman obtained a victory in an Article 78 proceeding before the Appellate Division, Second Department.  In Cappuccia v. N.Y. State Div. of Human Rights, a former employee commenced an Article 78 proceeding against his former employer and the N.Y. State Division of Human Rights (“DHR”) disputing the DHR’s determination that there was “no probable cause” to believe the employer discriminated and/or retaliated against the employee.  The DHR deferred opposition to the appeal to the employer, the true party at interest.  On behalf of the employer, Valverde and Korman convinced the Second Department that the DHR’s determination of no probable cause, made after a thorough investigation, was not arbitrary and capricious or lacking a rational basis.

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