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KWONG v. CITY OF NEW YORK

Index No. 152932/13. Appeal No. 15574. Case No. 2021-00645.

204 A.D.3d 442 (2022)

167 N.Y.S.3d 9

2022 NY Slip Op 02342

Kinwing (Ricky) Kwong, Respondent, v. City of New York et al., Appellants, et al., Defendant.

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

Decided April 7, 2022.

Attorney(s) appearing for the Case

Georgia M. Pestana, Corporation Counsel, New York (Diana Lawless of counsel), for appellants.

Cronin & Byczek, LLP, Larchmont (Linda M. Cronin, of counsel) for respondent.

Concur—Gische, J.P., Mazzarelli, Friedman, González, Mendez, JJ.

We find, as an initial matter, that the only potentially actionable discriminatory or retaliatory conduct was plaintiff's demotion. Contrary to plaintiff's contention, the "unfounded" complaints about him to the Department of Finance's Office of Equal Employment Opportunity (EEO) and the January 13, 2012 disciplinary letter do not qualify. The EEO investigation did not result in any change to the terms of plaintiff's employment, let alone a materially adverse change, as required...

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