Legal Opinion

Kolomick v. New York Air National Guard

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

Decided May 13, 1996PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Goldstein, J.

At issue here is whether a member of the New York Air National Guard may bring an action under the Human Rights Law (Executive Law § 290 et seq.) to recover damages for an unlawful discriminatory practice allegedly perpetrated by the New York Air National Guard. We hold that such claims are governed by the Military Law and Federal regulations, and not by the Human Rights Law.

The plaintiff is a sergeant in the New York Air National Guard. In 1990, he applied for the position "medical pararescue technician”. His application was denied, allegedly because of his…

2Cases cited16 opinions

  1. Chappell v. WallaceSupreme Court of the United States · 1983
  2. Northwest Airlines, Inc. v. Transport Workers UnionSupreme Court of the United States · 1981
  3. Malone v. White Motor Corp.Supreme Court of the United States · 1978
  4. Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
  5. Perpich v. Department of DefenseSupreme Court of the United States · 1990

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3Cited by4 opinions

  1. Schutz v. Finkelstein Bruckman Wohl Most & RothmanAppellate Division of the Supreme Court of the State of New York · 1998
  2. Zaccaro v. ParkerNew York Supreme Court · 1996
  3. Figueroa v. MaguireAppellate Division of the Supreme Court of the State of New York · 2007
  4. James v. PatakiAppellate Division of the Supreme Court of the State of New York · 2002

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