Bowler v. New York State Div. of Human Rights, 77 A.D.3d 1380 (N.Y. App. Div. 2010). · Go Syfert
Bowler v. New York State Div. of Human Rights, 77 A.D.3d 1380 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
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24 citation events (24 in the last 25 years) across 1 distinct court.
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Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Bell v. Long
N.Y. App. Div. · 2026 · confidence medium
We will not disturb the ALJ's determination that the testimony of certain witnesses was more credible than that of petitioner ( see Jones , 122 AD3d at 1388; Matter of Bowler v New York State Div. of Human Rights , 77 AD3d 1380, 1381 [4th Dept 2010], lv denied 16 NY3d 709 [2011]).
discussed Cited as authority (rule) Matter of New York State Div. of Human Rights v. GSN Transp.
N.Y. App. Div. · 2021 · confidence medium
Our review of the determination, which adopted with one amendment the findings of the Administrative Law Judge who conducted the public hearing, is limited to the issue whether it is supported by substantial evidence, i.e., whether there exists " 'such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact' " ( Rainer N. Mittl, Ophthalmologist, P.C. v New York State Div. of Human Rights , 100 NY2d 326, 331 [2003]; see Matter of Russo v New York State Div. of Human Rights , 137 AD3d 1600 , 1600 [4th Dept 2016]; Matter of Bowler v New York State Div. …
discussed Cited as authority (rule) Matter of Floriano-Keetch v. New York State Div. of Human Rights
N.Y. App. Div. · 2019 · confidence medium
Moreover, petitioner failed to allege that any adverse action resulted from those events or that she was subjected to "discriminatory intimidation, ridicule, and insult that [was] sufficiently severe or pervasive to alter the terms or conditions of employment" ( Vitale v Rosina Food Prods. , 283 AD2d 141, 143 [4th Dept 2001] [internal quotation marks omitted]; see Harris v Forklift Sys. , 510 US 17, 21 [1993]; Matter of Bowler v New York State Div. of Human Rights , 77 AD3d 1380, 1381 [4th Dept 2010], lv denied 16 NY3d 709 [2011]).
discussed Cited as authority (rule) Scheuneman v. New York State Division of Human Rights
N.Y. App. Div. · 2017 · confidence medium
We further conclude that there is substantial evidence to support the determination that petitioner was not subjected to a hostile work environment (see generally Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1381 [2010], lv denied 16 NY3d 709 [2011]).
discussed Cited as authority (rule) Scheuneman v. New York State Division of Human Rights
N.Y. App. Div. · 2017 · confidence medium
We further conclude that there is substantial evidence to support the determination that petitioner was not subjected to a hostile work environment (see generally Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1381 [2010], lv denied 16 NY3d 709 [2011]).
discussed Cited as authority (rule) Zajac v. New York State Division of Human Rights
N.Y. App. Div. · 2015 · confidence medium
Inasmuch as petitioner failed to submit evidence establishing that Local 200 further retaliated against her by denying her severance benefits, or even to make any allegation with respect thereto, we conclude that, contrary to petitioner’s contention, the ALJ properly declined to consider such further retaliation in his decision (see Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1382 [2010], lv denied 16 NY3d 709 [2011]; see also Edwards v Board of Trustees of Colgate Rochester Divinity School / Bexley Hall / Crozer Theol.
discussed Cited as authority (rule) Zajac v. New York State Division of Human Rights
N.Y. App. Div. · 2015 · confidence medium
Inasmuch as petitioner failed to submit evidence establishing that Local 200 further retaliated against her by denying her severance benefits, or even to make any allegation with respect thereto, we conclude that, contrary to petitioner’s contention, the ALJ properly declined to consider such further retaliation in his decision (see Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1382 [2010], lv denied 16 NY3d 709 [2011]; see also Edwards v Board of Trustees of Colgate Rochester Divinity School / Bexley Hall / Crozer Theol.
discussed Cited as authority (rule) Monti v. New York State Division of Human Rights
N.Y. App. Div. · 2015 · confidence medium
Our review of the determination, which adopted the findings of the Administrative Law Judge (ALJ) who conducted the public hearing, is limited to the issue whether substantial evidence supports the determination (see Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1381 [2010], lv denied 16 NY3d 709 [2011]).
discussed Cited as authority (rule) Monti v. New York State Division of Human Rights
N.Y. App. Div. · 2015 · confidence medium
Our review of the determination, which adopted the findings of the Administrative Law Judge (ALJ) who conducted the public hearing, is limited to the issue whether substantial evidence supports the determination (see Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1381 [2010], lv denied 16 NY3d 709 [2011]).
discussed Cited as authority (rule) Jones v. New York State Division of Human Rights
N.Y. App. Div. · 2014 · confidence medium
The administrative law judge (ALJ) who presided at the hearing was not “bound by the strict rules of evidence prevailing in courts of law or equity” (Executive Law § 297 [4] [a]), and we will not disturb the ALJ’s decision to credit the testimony of certain witnesses for the restaurant over that of petitioner and her expert (see generally Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1381 [2010], lv denied 16 NY3d 709 [2011]).
discussed Cited as authority (rule) Jones v. New York State Division of Human Rights
N.Y. App. Div. · 2014 · confidence medium
The administrative law judge (ALJ) who presided at the hearing was not “bound by the strict rules of evidence prevailing in courts of law or equity” (Executive Law § 297 [4] [a]), and we will not disturb the ALJ’s decision to credit the testimony of certain witnesses for the restaurant over that of petitioner and her expert (see generally Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1381 [2010], lv denied 16 NY3d 709 [2011]).
discussed Cited "see" McDonald v. New York State Division of Human Rights
N.Y. App. Div. · 2017 · signal: see · confidence high
In addition, SDHR rationally determined that the evidence did not support petitioner’s allegation that respondent subjected her to a hostile work environment (see Matter of Baird v New York State Div. of Human Rights, 100 AD3d 880 , 881-882 [2012], lv denied 22 NY3d 851 [2013]; Ferrer v New York State Div. of Human Rights, 82 AD3d 431, 431 [2011]; see generally Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1381 [2010], lv denied 16 NY3d 709 [2011]).
discussed Cited "see" MCDONALD, DARCELL v. NYS OFFICE OF TEMPORARY AND DISABIL
N.Y. App. Div. · 2017 · signal: see · confidence high
In addition, SDHR rationally determined that the evidence did not support petitioner’s allegation that respondent subjected her to a hostile work environment (see Matter of Baird v New York State Div. of Human Rights, 100 AD3d 880 , 881-882, lv denied 22 NY3d 851 ; Ferrer v New York State Div. of Human Rights, 82 AD3d 431, 431 ; see generally Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1381 , lv denied 16 NY3d 709 ).
discussed Cited "see" McDonald v. New York State Division of Human Rights
N.Y. App. Div. · 2017 · signal: see · confidence high
In addition, SDHR rationally determined that the evidence did not support petitioner’s allegation that respondent subjected her to a hostile work environment (see Matter of Baird v New York State Div. of Human Rights, 100 AD3d 880 , 881-882 [2012], lv denied 22 NY3d 851 [2013]; Ferrer v New York State Div. of Human Rights, 82 AD3d 431, 431 [2011]; see generally Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1381 [2010], lv denied 16 NY3d 709 [2011]).
discussed Cited "see" New York State Division of Human Rights v. A.R. Heflin Painting Contractor, Inc.
N.Y. App. Div. · 2012 · signal: see · confidence high
A hostile work environment exists if the “workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment” (Matter of Price v Southwest Airlines, Inc., 66 AD3d at 1269 [internal quotation marks and citations omitted]; see Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1381 [2010], lv denied 16 NY3d 709 [2011]).
discussed Cited "see" New York State Division of Human Rights v. A.R. Heflin Painting Contractor, Inc.
N.Y. App. Div. · 2012 · signal: see · confidence high
A hostile work environment exists if the “workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment” (Matter of Price v Southwest Airlines, Inc., 66 AD3d at 1269 [internal quotation marks and citations omitted]; see Matter of Bowler v New York State Div. of Human Rights, 77 AD3d 1380, 1381 [2010], lv denied 16 NY3d 709 [2011]).
Retrieving the full opinion text from the archive…
In the Matter of Sandra Bowler
v.
New York State Division of Human Rights
Appellate Division of the Supreme Court of the State of New York.
Oct 1, 2010.
77 A.D.3d 1380
Cited by 21 opinions  |  Published

[*1381] Proceeding pursuant to Executive Law § 298 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Niagara County [Richard C. Kloch, Sr., A.J.], entered April 6, 2010) to review a determination of respondent New York State Division of Human Rights. The determination dismissed petitioner’s complaint of discrimination.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: In this proceeding pursuant to Executive Law § 298, petitioner seeks to annul the determination of respondent New York State Division of Human Rights dismissing her complaint following a public hearing. Our review of the determination, which adopted the findings of the Administrative Law Judge (ALJ) who conducted the public hearing, is limited to the issue whether substantial evidence supports respondent agency’s determination, i.e., whether there exists “ ‘such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact’ ” (Rainer N. Mittl, Ophthalmologist, P.C. v New York State Div. of Human Rights, 100 NY2d 326, 331 [2003]). We conclude that there is substantial evidence to support respondent agency’s determination that petitioner was not subjected to sexual discrimination based on a hostile work environment. “An actionable hostile work environment exists when the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the terms or conditions of employment” (Vitale v Rosina Food Prods., 283 AD2d 141, 143 [2001] [internal quotation marks omitted]; see Harris v Forklift Systems, Inc., 510 US 17, 21 [1993]). Here, the two inappropriate comments found by the AU to be attributable to petitioner’s immediate supervisor were neither sufficiently severe nor pervasive to alter the conditions of petitioner’s employment, and we will not disturb the credibility determinations of the ALJ with respect to any remaining allegations (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]; Matter of Paolone v Ward, 168 AD2d 234 [1990]). Contrary to the contention of petitioner, it is of no moment that other evidence in the record could support her allega[*1382] tions. Courts “ ‘may not weigh the evidence or reject [respondent agency’s] choice where the evidence is conflicting and room for a choice exists’ ” (Rainer N. Mittl, Ophthalmologist, P.C., 100 NY2d at 331, quoting Matter of CUNY-Hostos Community Coll. v State Human Rights Appeal Bd., 59 NY2d 69, 75). Finally, we conclude that there is substantial evidence to support respondent agency’s determination that petitioner was not subjected to retaliation, inasmuch as petitioner failed to allege that any adverse employment action was taken based upon her having engaged in a protected activity (see generally Forrest v Jewish Guild for the Blind, 3 NY3d 295, 312-313 [2004]). Present—Martoche, J.P., Carni, Green, Pine and Gorski, JJ.