Legal Opinion

Tosha Restaurants, LLC v. New York State Division of Human Rights

Appellate Division of the Supreme Court of the State of New York

Decided December 9, 2010PublishedCited by 7 opinions

1Opinion of the CourtEgan Jr., J.

Proceeding pursuant to Executive Law § 298 (transferred to this Court by order of the Supreme Court, entered in Warren County) to review a determination of respondent which found petitioner guilty of an unlawful discriminatory practice based on disability.

Shane A. Fuller was hired in January 2007 for a part-time dishwasher position by petitioner, which operated a Denny’s Restaurant located in the Town of Queensbury, Warren County. In addition to washing dishes, Fuller’s duties included cleaning the rest rooms and taking out the garbage. He was scheduled to work approximately 10 to 15 hours…

2Cases cited18 opinions

  1. Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
  2. City of New York v. State Division of Human RightsNew York Court of Appeals · 1987
  3. Mittl v. New York State Division of Human RightsNew York Court of Appeals · 2003
  4. MATTER OF MCENIRY v. LandiNew York Court of Appeals · 1994
  5. Miller v. RavitchNew York Court of Appeals · 1983

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3Cited by7 opinions

  1. Suriel v. Dominican Republic Education & Mentoring Project, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Vinikoff v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 2011
  3. Matter of Advanced Recovery, Inc. v. FullerAppellate Division of the Supreme Court of the State of New York · 2018
  4. Matter of Mutual Apts., Inc. v. New York City Commn. on Human RightsAppellate Division of the Supreme Court of the State of New York · 2022
  5. New York State Division of Human Rights v. A.R. Heflin Painting Contractor, Inc.Appellate Division of the Supreme Court of the State of New York · 2012

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