Opinion
No. 90 SSM 3.
Decided February 23, 2010.
APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered April 21, 2009, in a proceeding pursuant to Executive Law § 298 and CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in Suffolk County). The Appellate Division order, insofar as appealed from, (1) denied a cross petition by the New York State Division of Human Rights to enforce its determination which had adopted the recommendation of an Administrative Law Judge, made after a hearing, finding that petitioner Suffolk County Community College had engaged in unlawful racially discriminatory practices against one of its employees and retaliated against him, and awarding the employee compensatory damages, (2) annulled the determination, and (3) dismissed the administrative complaint.
Matter of Suffolk County Community Coll. v New York State Div. of Human Rights, 61 AD3d 881, reversed.
Michael K. Swirsky, Bronx, for appellant.
Christine Malafi, County Attorney, Hauppauge ( Jennifer K. McNamara of counsel), for respondents.
Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order, insofar as appealed from, reversed, with costs, and matter remitted to the Appellate Division, Second Department, for consideration of issues raised but not determined on the proceedings before that court. Substantial evidence in the record supports the determination of the State Division of Human Rights that complainant was subjected to unlawful discriminatory employment practices.