Figueroa v. State

OPINION OF THE COURT

Harold E. Koreman, P. J.

Claimant, an individual of Hispanic descent alleges that her employment with the New York State Department of Transportation was improperly terminated by reason of her supervisor’s racial prejudice. Defendant moves to dismiss on the ground that the allegations contained in the claim fail to state a cause of action and that the claim was not timely filed.

A review of the pleadings and papers herein establish that claimant’s actions for breach of contract and for intentional infliction of emotional distress are without merit (see, generally, Austin v…