Legal Opinion
Schwarz v. Consolidated Edison, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2017No. 3007 151686/15Published
1Opinion of the Court
Order, Supreme Court, New York County (Carol R. Edmead, J.), entered on or about August 4, 2015, which granted defendants’ CPLR 3211 (a) (7) motion to dismiss the complaint, unanimously affirmed, without costs.
Plaintiff failed to allege facts sufficient to state an employment discrimination claim under either the New York State or New York City Human Rights Law (HRL) based on his “having been convicted of one or more criminal offenses” (Executive Law § 296 [15]; Administrative Code of City of NY § 8-107 [10]). The State and City HRLs incorporate article 23-A of the Correction Law, which…
2Cases cited8 opinions
- Poland v. ArizonaSupreme Court of the United States · 1986
- United States v. Charles Schwarz, Thomas Wiese, and Thomas Bruder, Justin A. Volpe and Michael BellomoCourt of Appeals for the Second Circuit · 2002
- Bonacorsa v. Van LindtNew York Court of Appeals · 1988
- People v. DozierNew York Court of Appeals · 1991
- In re BarashNew York Court of Appeals · 1967
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