*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 714

TP 15-01940

PRESENT: WHALEN, P.J., CARNI, LINDLEY, DEJOSEPH, AND NEMOYER, JJ. IN THE MATTER OF ASHLEIGH SCHWALLIE, PETITIONER,

V MEMORANDUM AND ORDER NEW YORK STATE DIVISION OF HUMAN RIGHTS AND

BUFFALO CITY SCHOOL DISTRICT, RESPONDENTS.

LAW OFFICE OF LINDY KORN, PLLC, BUFFALO (CHARLES MILLER OF COUNSEL), FOR PETITIONER.

CAROLINE J. DOWNEY, GENERAL COUNSEL, BRONX, FOR RESPONDENT NEW YORK STATE DIVISION OF HUMAN RIGHTS.

GOLDBERG SEGALLA LLP, BUFFALO (KRISTIN K. WHEATON OF COUNSEL), FOR RESPONDENT BUFFALO CITY SCHOOL DISTRICT. 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, Erie County [Catherine R. Nugent Panepinto, J.], dated November 16, 2015) to review a determination of respondent New York State Division of Human Rights. The determination dismissed petitioner’s complaint.

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

Same memorandum as in Matter of Figueroa v New York State Div. of Human Rights (___ AD3d ___ [Sept. 30, 2016]).

Entered: September 30, 2016 Frances E. Cafarell

Clerk of the Court