On a motion to dismiss under CPLR 3211 (a)(7) for failure to state a cause of action, a court must "determine whether, accepting as true the factual statements of the complaint, plaintiff can succeed upon any reasonable view of the facts stated

—purposeful discrimination is a necessary element "of a state equal protection claim based on disparate impact

—and where a plaintiff cannot succeed upon "any reasonable view of the facts stated," dismissal of a claim pursuant to CPLR 3211 (a)(7) is proper.

—under Human Rights Law an employer must justify a facially neutral practice that has a disparate impact on a protected class in terms of employee performance or business necessity

For a policy to be unlawful under a disparate impact theory, it must be neutral on its face and in terms of intent

However, a claim that a facially-neutral statute enacted without an invidious discriminatory intent has a disparate impact on a class (even a suspect class, such as one defined by race) is insufficient to establish an equal protection violation [5