City of Buffalo Street Sanitation Department v. White

Appellate Division of the Supreme Court of New York

City of Buffalo Street Sanitation Department v. White

167 A.D.2d 978

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1990

StatusPublished

This text of 167 A.D.2d 978 (City of Buffalo Street Sanitation Department v. White) 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

City of Buffalo Street Sanitation Department v. White, 167 A.D.2d 978 (N.Y. Ct. App. 1990).

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Opinion

Determination unanimously modified on the law and as modified confirmed without costs, in accordance with the following memorandum: The determination of respondent that petitioner discriminated against complainants because of their sex in denying them seasonal employment with the Street Sanitation Department was supported by substantial evidence. The award of $10,000 to claimant Julia Remington for humiliation and mental anguish, however, is [979]*979excessive and not supported by the evidence. We modify the determination, therefore, by reducing the award to claimant Julia Remington for humiliation and mental anguish to $5,000, as recommended by the Administrative Law Judge. (Executive Law § 298 proceeding transferred by order of Supreme Court, Erie County, Doyle, J.) Present—Denman, J. P., Boomer, Pine, Balio and Davis, JJ.

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Determination unanimously modified on the law and as modified confirmed without costs, in accordance with the following memorandum: The determination of respondent that petitioner discriminated against complainants because of their sex in denying them seasonal employment with the Street Sanitation Department was supported by substantial evidence. The award of $10,000 to claimant Julia Remington for humiliation and mental anguish, however, is [979]*979excessive and not supported by the evidence. We modify the determination, therefore, by reducing the award to claimant Julia Remington for humiliation and mental anguish to $5,000, as recommended by the Administrative Law Judge. (Executive Law § 298 proceeding transferred by order of Supreme Court, Erie County, Doyle, J.) Present—Denman, J. P., Boomer, Pine, Balio and Davis, JJ.

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167 A.D.2d 978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-buffalo-street-sanitation-department-v-white-nyappdiv-1990.

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