Delta Air Lines, Inc. v. New York State Division of Human Rights

Mazzarelli, J. (dissenting in part and concurring in part).

I agree with the majority that the Executive Deputy Commissioner committed errors of law to the extent that he found that Federal law preempts various claims at issue in these proceedings. However, as explained below, I dissent from those portions of the majority opinion which, in my view, disregard the substantial evidence of sex, age and disability discrimination committed by Delta Air Lines, Inc. (Delta).

These two Executive Law § 298 proceedings were transferred to this Court by order of the Supreme Court pursuant to CPLR 7804 (g)…