The Second Department dismissed an administrative complaint which had been filed, pursuant to Executive Law § 297(1), charging a public school district with an unlawful discriminatory practice, in violation of Executive Law § 296(a)(1), for an alleged refusal to hire because of petitioner's mental disability, in Matter of Isaksson-Wilder v. New York State Division of Human Rights, which was decided on September 11, 2007.

The court noted that, in an article 78 proceeding to review an agency determination which was made after a hearing at which evidence was taken, the agency's decision must be upheld if it is supported by substantial evidence. The court found substantial evidence in this record to support the agency's determination that the individuals responsible for hiring teachers were unaware that petitioner was disabled, and that they did not perceive her to be disabled.

Petitioner had challenged the agency's determination based on conflicting witness testimony at the hearing, but the court said that it is the function of the agency, and not the court, to weigh evidence and assess witness credibility.