New York State Department of Correctional Services. v. McCall

Main, J. P.

Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated July 18,1983, which found that petitioner was guilty of an unlawful discriminatory practice based on sex.

To fill a vacancy in the position of correction counselor, petitioner promulgated an eligible list of one woman, Kathryn Martina, and two men. After interviews, one of the men was offered the position, but declined the appointment. The position was not offered to either the other man or Martina, but was otherwise filled. Martina, who was…