Tyson v. New York State Department of Correctional Services

—In a hybrid action to recover damages under Executive Law § 296 (1) (a) for discrimination, and a proceeding pursuant to CPLR article 78 to compel the respondents to appoint the appellant to the position of Correction Officer *409Trainee, the appeal is from an order and judgment (one paper) of the Supreme Court, Kings County (Garry, J.), dated February 13, 1991, which, at the close of the appellant’s case after a nonjury trial, granted judgment as a matter of law to the respondents, and dismissed the action and proceeding.

Ordered that the order and judgment is affirmed, without costs or…