Legal Opinion
Herbert v. Kirkland
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2011PublishedCited by 1 opinion
1Opinion of the Court
Even had the petitioner established a prima facie case of discrimination (see Matter of McEniry v Landi, 84 NY2d 554, 558 [1994]; Koester v New York Blood Ctr., 55 AD3d 447, 448 *928[2008]), substantial evidence supports the determination of the Commissioner of the New York State Division of Human Rights that the petitioner’s employer, New York Institute of Technology, had a legitimate, nondiscriminatory reason for terminating the petitioner from its employ, and that he did not show that this reason was a pretext for discrimination (see 300 Gramatan Ave. Assoc v State Div. of Human Rights, 45…
2Cases cited5 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- MATTER OF MCENIRY v. LandiNew York Court of Appeals · 1994
- Koester v. New York Blood CenterAppellate Division of the Supreme Court of the State of New York · 2008
- Sauer v. DonaldsonAppellate Division of the Supreme Court of the State of New York · 2008
- Genesky v. Local 1000, AFSCME, AFL-CIO, CSEAAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by1 opinion
- Matter of Briggs v. New York State Div. of Human RightsAppellate Division of the Supreme Court of the State of New York · 2016