Home/Appellate Division of the Supreme Court of New York/Board of Education of the Plain-edge Union Free School District v. McCall

Board of Education of the Plain-edge Union Free School District v. McCall

108 A.D.2d 855, 485 N.Y.S.2d 357, 1985 N.Y. App. Div. LEXIS 43182, 59 Fair Empl. Prac. Cas. (BNA) 1635
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 19, 1985
StatusPublished
Cited by11 cases

This text of 108 A.D.2d 855 (Board of Education of the Plain-edge Union Free School District v. McCall) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education of the Plain-edge Union Free School District v. McCall, 108 A.D.2d 855, 485 N.Y.S.2d 357, 1985 N.Y. App. Div. LEXIS 43182, 59 Fair Empl. Prac. Cas. (BNA) 1635 (N.Y. Ct. App. 1985).

Opinion

Proceeding pursuant to section 298 of the Executive Law to review a determination of respondent Commissioner of the New York State Division of Human Rights, dated June 22, 1983, which, after a hearing, found that petitioners had discriminated against the complainant on the basis of her sex by failing to promote her and directed, inter alia, that petitioners pay complainant the sum of $5,000 as compensatory damages for mental anguish, and cross application by respondent Division for enforcement.

Cross application for enforcement granted, proceeding dismissed and determination confirmed, without costs or disbursements.

The determination that petitioners failed to promote complainant because of her sex, in violation of Executive Law § 296, is supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Further, it is settled that an award of compensatory damages to a person aggrieved by an illegal discriminatory practice may include compensation for mental anguish (State Div. of Human Rights v New York State Dept. of Correctional Servs., 90 AD2d 51, 58-59) and that such an award may be based solely on the testimony of the complainant (Cullen v Nassau County Civ. Serv. Commn., 53 NY2d 492). The amount of such award in this case is not excessive (cf. New York City Bd. of Educ. v Sears, 83 AD2d 959). Weinstein, J. P., Brown, Niehoff and Lawrence, JJ., concur.

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Bluebook (online)
108 A.D.2d 855, 485 N.Y.S.2d 357, 1985 N.Y. App. Div. LEXIS 43182, 59 Fair Empl. Prac. Cas. (BNA) 1635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-of-the-plain-edge-union-free-school-district-v-mccall-nyappdiv-1985.