Executive Law § 298 and CPLR article 78.

Where the respondent New York State Division of Human Rights, without holding a hearing, renders a determination of no probable cause for a finding of discriminatory conduct, the proper standard of appellate review is whether the determination was arbitrary and capricious or lacked a rational basis.

Matter of Ackerman v. New York State Div. of Human Rights, NY Slip Op 04912 (2d Dep't September 1, 2021

Here is the decision.

Tomorrow's issue: CPLR 213(4).