Michaelis v. State

—Yesawich Jr., J.

Appeal *637from an order of the Supreme Court (Keegan, J.), entered July 1, 1996 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff was permanently demoted from his position as Deputy Superintendent for Program Services at Orleans Correctional Facility as a result of incidents in which he and the Superintendent, both white men, allegedly subjected another Deputy Superintendent, an African-American, to ridicule or racially insensitive comments. He thereafter commenced this action charging defendants with having illegally…