ROCHESTER — A lawsuit against the state University at Fredonia and the state Division of Human Rights has been dismissed by the Fourth Department Appellate Court of Appeals in Rochester.

Sharon Schwertfager had filed a proceeding pursuant to Executive Law Section 298 seeking to annul a determination of the Division of Human Rights that there was no probably cause that SUNY Fredonia had discriminated and retaliated against Schwertfager.

In its ruling, the appellate court wrote that Schwertfager’s lawyers did not address her discrimination claims in her memorandum of law, during oral arguments or during her brief on appeal, so any issues with respect to those claims was considered abandoned by the court.

“Contrary to petitioner’s contention, the determination of SDHR is supported by a rational basis and is not arbitrary and capricious,” the judges wrote. “Contrary to petitioner’s further contention, upon our review of the record, we conclude that SDHR ” ‘properly investigated petitioner’s complaint … and provided petitioner with a full and fair opportunity to present evidence on (her) behalf and to rebut the evidence presented by (respondent).'”