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ARGYLE REALTY ASSOCIATES v. NYS. DIV. OF HUMAN RIGHTS

2007-11322

65 A.D.3d 273 (2009)

882 N.Y.S.2d 458

In the Matter of ARGYLE REALTY ASSOCIATES, Petitioner/Respondent, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent/Cross-Petitioner, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 30, 2009.

Attorney(s) appearing for the Case

Leonard J. Falcone, Hempstead, for petitioner/respondent.

Caroline J. Downey, Bronx (Peter G. Buchenholz of counsel), for New York State Division of Human Rights and another, respondent/cross-petitioner and respondent.

COVELLO, J.P., ANGIOLILLO and CHAMBERS, JJ., concur.

OPINION OF THE COURT

BELEN, J.

The Commissioner of the New York State Division of Human Rights (hereinafter the Division) found that the petitioner had discriminated against the complainant employee, Ivette Rivera, on the basis of her pregnancy, and awarded damages to the complainant. The principal issue in this proceeding is whether the number of employees of the petitioner's interrelated entities may be aggregated to meet the four-employee statutory minimum...

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