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McINTOSH v. DEPARTMENT OF EDUC. OF CITY OF N.Y.

112314/11. Appeal No. 15256. Case No. 2020-03980.

202 A.D.3d 481 (2022)

165 N.Y.S.3d 31

2022 NY Slip Op 00818

Alice McIntosh, Appellant, v. Department of Education of the City of New York et al., Respondents.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Stewart Lee Karlin Law Group, P.C., New York (Daniel Edward Dugan of counsel), for appellant.

Georgia M. Pestana, Corporation Counsel, New York (Kevin Osowski of counsel), for respondents.

Concur— Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.

The DOE offered evidence in admissible form of one or more nondiscriminatory motivations for its actions; accordingly, we need not determine whether a prima facie case of discrimination has been established (see Cadet-Legros v New York Univ. Hosp. Ctr., 135 A.D.3d 196, 200 [1st Dept 2015]; see also Postal Service Bd. of Governors v Aikens, 460 U.S. 711, 715 [1983]). Rather, the question is whether...

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