Home/Appellate Division of the Supreme Court of New York/Suny College of Environmental Science v. State Division of Human Rights

Suny College of Environmental Science v. State Division of Human Rights

144 A.D.2d 962, 534 N.Y.S.2d 270, 1988 N.Y. App. Div. LEXIS 14449
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 15, 1988
StatusPublished
Cited by12 cases

This text of 144 A.D.2d 962 (Suny College of Environmental Science v. State Division of Human Rights) 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
Suny College of Environmental Science v. State Division of Human Rights, 144 A.D.2d 962, 534 N.Y.S.2d 270, 1988 N.Y. App. Div. LEXIS 14449 (N.Y. Ct. App. 1988).

Opinion

Determination unanimously modified on the law and as modified confirmed without costs, in accordance with the following memorandum: The record supports [963]*963the factual determination of discrimination made by the Commissioner. However, the award of compensatory damages for mental anguish was excessive (Matter of Almeter v State Div. of Human Rights, 133 AD2d 530; State Div. of Human Rights v County of Onondaga Sheriff’s Dept, 127 AD2d 986, affd 71 NY2d 623). Respondent Wilson testified regarding the persistent daily sexual harassment to which she was subjected during the period that she was employed at petitioner college. Wilson further testified with respect to the significant physical manifestations that resulted from her emotional distress and that she was so affected by the experience that she was unable to attend college the following semester. Although respondent’s testimony was clearly sufficient to establish mental anguish and humiliation, we are of the view that the sum of $150,000 is excessive and we reduce the damage award to $100,000 (see, State Div. of Human Rights v County of Onondaga Sheriff’s Dept, supra, at 986).

The Commissioner’s award of back pay also must be reduced to limit the compensation to a period of IV2 years following respondent’s unlawful termination. Respondent testified that she expected to remain in the job only as long as she was a student and that she expected to be a student only for an additional IV2 years before obtaining her college degree. We reduce the award accordingly.

Finally, we reject petitioner’s claim that administrative delay warrants dismissal of the complaint (see, State Div. of Human Rights v Human Rights Commn., 79 AD2d 181). (Executive Law § 298 proceeding transferred by order of Supreme Court, Onondaga County, Stone, J.) Present — Denman, J. P., Green, Pine, Lawton and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Brady v. Wal-Mart Stores, Inc.
455 F. Supp. 2d 157 (E.D. New York, 2006)
Bryer v. New York City Commission on Human Rights
251 A.D.2d 2 (Appellate Division of the Supreme Court of New York, 1998)
Ebasco Services Inc. v. New York State Division of Human Rights
234 A.D.2d 81 (Appellate Division of the Supreme Court of New York, 1996)
Bronx Cross County Medical Group v. Lassen
233 A.D.2d 234 (Appellate Division of the Supreme Court of New York, 1996)
Allender v. Mercado
233 A.D.2d 153 (Appellate Division of the Supreme Court of New York, 1996)
Arbitron Co. v. New York State Division of Human Rights
232 A.D.2d 321 (Appellate Division of the Supreme Court of New York, 1996)
City of New York v. New York State Division of Human Rights
229 A.D.2d 307 (Appellate Division of the Supreme Court of New York, 1996)
Father Belle Community Center v. New York State Division of Human Rights
221 A.D.2d 44 (Appellate Division of the Supreme Court of New York, 1996)
Marcus Garvey Nursing Home, Inc. v. New York State Division of Human Rights
209 A.D.2d 619 (Appellate Division of the Supreme Court of New York, 1994)
New York City Transit Authority v. State Division of Human Rights
163 A.D.2d 315 (Appellate Division of the Supreme Court of New York, 1990)
Broad Elm Auto Centers, Inc. v. New York State Division of Human Rights
159 A.D.2d 978 (Appellate Division of the Supreme Court of New York, 1990)
Cosmos Forms, Ltd. v. State Division of Human Rights
150 A.D.2d 442 (Appellate Division of the Supreme Court of New York, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
144 A.D.2d 962, 534 N.Y.S.2d 270, 1988 N.Y. App. Div. LEXIS 14449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suny-college-of-environmental-science-v-state-division-of-human-rights-nyappdiv-1988.