Hawkins v. City University of New York

Appellate Division of the Supreme Court of New York

Hawkins v. City University of New York

66 A.D.2d 553, 887 N.Y.S.2d 95

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

DecidedOctober 22, 2009

StatusPublished

This text of 66 A.D.2d 553 (Hawkins v. City University of New York) 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.

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Hawkins v. City University of New York, 66 A.D.2d 553, 887 N.Y.S.2d 95 (N.Y. Ct. App. 2009).

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Opinion

Order, Supreme Court, Bronx County (John A. Barone, J.), entered December 31, 2008, which, upon reargument, adhered to a prior determination denying defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, [554]*554on the law, without costs, and the motion granted. Appeal from order, same court and Justice, entered February 1, 2008, unanimously dismissed as superseded by the appeal from the order on reargument, without costs. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

In opposition to defendants’ demonstration that plaintiff was terminated for the legitimate, nondiscriminatory reason that he threatened his supervisor with violence and engaged in other misconduct, plaintiff failed to raise the inferences that this reason was false and that discrimination based on his disability was the real reason (see Forrest v Jewish Guild for the Blind, 3 NY3d 295, 305 [2004]). He submitted no evidence of a causal connection between his misconduct and his disability (see Rid-dick v City of New York, 4 AD3d 242, 246 [2004]). Concur— Gonzalez, P.J., Mazzarelli, Sweeny, Renwick and Richter, JJ.

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Order, Supreme Court, Bronx County (John A. Barone, J.), entered December 31, 2008, which, upon reargument, adhered to a prior determination denying defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, [554]*554on the law, without costs, and the motion granted. Appeal from order, same court and Justice, entered February 1, 2008, unanimously dismissed as superseded by the appeal from the order on reargument, without costs. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

In opposition to defendants’ demonstration that plaintiff was terminated for the legitimate, nondiscriminatory reason that he threatened his supervisor with violence and engaged in other misconduct, plaintiff failed to raise the inferences that this reason was false and that discrimination based on his disability was the real reason (see Forrest v Jewish Guild for the Blind, 3 NY3d 295, 305 [2004]). He submitted no evidence of a causal connection between his misconduct and his disability (see Rid-dick v City of New York, 4 AD3d 242, 246 [2004]). Concur— Gonzalez, P.J., Mazzarelli, Sweeny, Renwick and Richter, JJ.

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Bluebook (online)

66 A.D.2d 553, 887 N.Y.S.2d 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-city-university-of-new-york-nyappdiv-2009.

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