Legal Opinion
DeKenipp v. State
Appellate Division of the Supreme Court of the State of New York
Decided July 26, 2012Published
1Opinion of the CourtGarry, J.
In 2006, claimant, then a 52-year-old civil engineer employed by the Department of Transportation (hereinafter DOT), applied for a promotion to the position of Environmental Specialist 2, Maintenance (hereinafter ES2-M). Following interviews, the position was offered to an employee 10 years younger than claimant. In 2007, the ES2-M position opened once again, as well as the position of Environmental Specialist 2, Construction (hereinafter ES2-C). Claimant applied for both openings. He was ultimately awarded the ES2-M position, and the ES2-C opening was offered to an individual 13 years…
2Cases cited15 opinions
- Gross v. FBL Financial Services, Inc.Supreme Court of the United States · 2009
- Gorzynski v. Jetblue Airways Corp.Court of Appeals for the Second Circuit · 2010
- Tara C. Galabya v. New York City Board of EducationCourt of Appeals for the Second Circuit · 2000
- Forrest v. Jewish Guild for the BlindNew York Court of Appeals · 2004
- Ferrante v. American Lung Ass'nNew York Court of Appeals · 1997
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