Opinion
07-06-2017
In re NEW YORK STATE DIVISION OF HUMAN RIGHTS, Petitioner, v. MILAN MAINTENANCE, INC., et al., Respondents.
Caroline J. Downey, Bronx (Michael K. Swirsky of counsel), for petitioner.
Caroline J. Downey, Bronx (Michael K. Swirsky of counsel), for petitioner.
Determination of petitioner New York State Division of Human Rights (DHR), dated February 28, 2011, granting the complaint for employment discrimination and awarding the complainant $10,000 for mental anguish and humiliation (transferred to this Court by order of Supreme Court, New York County [Joan A. Madden, J.], entered on or about September 26, 2013), unanimously confirmed, without costs.
DHR's findings are supported by substantial evidence (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). Respondents defaulted in this proceeding and thus failed to rebut a prima facie showing that they discriminated against complainant on account of his criminal conviction (see Matter of State Div. of Human Rights v. ARC XVI Inwood, Inc., 17 A.D.3d 239, 796 N.Y.S.2d 238 [1st Dept.2005] ).
The award of compensatory damages for mental anguish is proper (see Executive Law § 297[4][c][iii] ; Matter of New York State Div. of Human Rights v. Neighborhood Youth & Family Servs., 102 A.D.3d 491, 956 N.Y.S.2d 892 [1st Dept.2013] ; Matter of City of New York v. New York State Div. of Human Rights, 250 A.D.2d 273, 278, 682 N.Y.S.2d 387 [1st Dept.1998], mod. on other grounds 93 N.Y.2d 768, 698 N.Y.S.2d 594, 720 N.E.2d 870 [1999] ).
TOM, J.P., RICHTER, MANZANET–DANIELS, MAZZARELLI, GISCHE, JJ., concur.