Matter of New York State Div. of Human Rights v. Milan Maintenance, Inc.

Appellate Division of the Supreme Court of New York

Matter of New York State Div. of Human Rights v. Milan Maintenance, Inc.

2017 NY Slip Op 5508, 152 A.D.3d 412, 54 N.Y.S.3d 854

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

DecidedJuly 6, 2017

Docket4408 450543/13

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 5508 (Matter of New York State Div. of Human Rights v. Milan Maintenance, Inc.) 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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Matter of New York State Div. of Human Rights v. Milan Maintenance, Inc., 2017 NY Slip Op 5508, 152 A.D.3d 412, 54 N.Y.S.3d 854 (N.Y. Ct. App. 2017).

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Opinion

Determination of petitioner New York State Division of Human Rights (DHR), dated February 28, 2011, granting the complaint for employment discrimination and awarding ,the complainant $10,000 for mental anguish and humiliation (transferred to this Court by order of Supreme Court, New York County [Joan A. Madden, J.], entered on or about September 26, 2013), unanimously confirmed, without costs.

DHR’s findings are supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]). Respondents defaulted in this proceeding and thus failed to rebut a prima facie showing that they discriminated against complainant on account of his criminal conviction (see Matter of State Div. of Human Rights v ARC XVI Inwood, Inc., 17 AD3d 239 [1st Dept 2005]).

The award of compensatory damages for mental anguish is proper (see Executive Law § 297 [4] [c] [iii]; Matter of New York State Div. of Human Rights v Neighborhood Youth & Family Servs., 102 AD3d 491 [1st Dept 2013]; Matter of City of New York v New York State Div. of Human Rights, 250 AD2d 273, 278 [1st Dept 1998], mod on other grounds 93 NY2d 768 [1999]).

Concur — Tom, J.P., Richter, Manzanet-Daniels, Maz-zarelli and Gische, JJ.

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Determination of petitioner New York State Division of Human Rights (DHR), dated February 28, 2011, granting the complaint for employment discrimination and awarding ,the complainant $10,000 for mental anguish and humiliation (transferred to this Court by order of Supreme Court, New York County [Joan A. Madden, J.], entered on or about September 26, 2013), unanimously confirmed, without costs.

DHR’s findings are supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]). Respondents defaulted in this proceeding and thus failed to rebut a prima facie showing that they discriminated against complainant on account of his criminal conviction (see Matter of State Div. of Human Rights v ARC XVI Inwood, Inc., 17 AD3d 239 [1st Dept 2005]).

The award of compensatory damages for mental anguish is proper (see Executive Law § 297 [4] [c] [iii]; Matter of New York State Div. of Human Rights v Neighborhood Youth & Family Servs., 102 AD3d 491 [1st Dept 2013]; Matter of City of New York v New York State Div. of Human Rights, 250 AD2d 273, 278 [1st Dept 1998], mod on other grounds 93 NY2d 768 [1999]).

Concur — Tom, J.P., Richter, Manzanet-Daniels, Maz-zarelli and Gische, JJ.

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2017 NY Slip Op 5508, 152 A.D.3d 412, 54 N.Y.S.3d 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-new-york-state-div-of-human-rights-v-milan-maintenance-inc-nyappdiv-2017.

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