2022 NY Slip Op 02852

Matter of Clifton Park Apts., LLC v New York State Div. of Human Rights (2022 NY
Slip Op 02852)

Matter of Clifton Park Apts., LLC v New York State Div. of Human
Rights

2022 NY Slip Op 02852 [204 AD3d 1358]

April 28, 2022

Appellate Division, Third Department

Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 1, 2022

[*1]

 In the Matter of Clifton Park Apartments, LLC, as Owner of
Pine Ridge II Apartments, et al., Petitioners,
v
New York State Division of Human
Rights, Respondent, et al., Respondents. (And Another Related
Proceeding.)

Powers & Santola, LLP, Albany (Michael J. Hutter of counsel), for petitioners.

Caroline J. Downey, General Counsel, New York City (Toni Ann Hollifield of counsel), for
New York State Division of Human Rights, respondent.

Ceresia, J. Proceedings pursuant to Executive Law § 298 (transferred to this
Court by order of the Supreme Court, entered in Saratoga County) to, among other things, review
a determination of the Commissioner of the State Division of Human Rights finding petitioners
guilty of an unlawful discriminatory practice based on retaliation.

Respondent CityVision Services, Inc., is a not-for-profit corporation engaged in the
prevention of housing discrimination. A CityVision employee, respondent Leigh Renner, placed
a telephone call to petitioner Clifton Park Apartments, LLC, as owner of Pine Ridge II
Apartments (hereinafter Pine Ridge), posing as a prospective tenant with three young children.
The purpose of the call was to test whether Pine Ridge was engaging in housing discrimination.
Following the call, CityVision filed a complaint with respondent State Division of Human Rights