Article 78 petition against Metropolitan College of New York dismissed
Veronica Rosario v.
Petitioner, Veronica Rosario, filed a verified complaint charging her former employer, the Metropolitan College of New York, with discrimination on the basis of her disability. She claimed that the College terminated her employment after discovering that she suffered from bi-polar disorder.
Petitioner voluntarily resigned her position at the College via e-mail during an alleged manic state. The rationale for the Division’s determination was that petitioner did not request special accommodation in connection with her bi-polar condition before, during, or after her hospitalization. Petitioner argued that a reversal of the Division’s decision was warranted due to triable issues of fact.
The Court felt that the Division’s investigation was adequate and permitted petitioner adequate opportunity to present her contentions and it was within the administrative body’s discretion to decide the method(s) to be employed in investigating a claim. There was no evidence that the investigation was abbreviated or one-sided and no basis to annul the determination as arbitrary and capricious.
Accordingly, the Court dismissed petitioner’s Article 78 application and upheld respondent’s “No Probably Cause” Determination as not arbitrary or capricious and having a rational basis.
