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MATTER OF TOWN OF HEMPSTEAD v. NEW YORK STATE DIV. OF HUMAN RIGHTS

2019-14251. Index No. 608005/19.

215 A.D.3d 973 (2023)

188 N.Y.S.3d 582

2023 NY Slip Op 02129

In the Matter of Town of Hempstead, Petitioner, v. New York State Division of Human Rights et al., Respondents.

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

Decided April 26, 2023.

Attorney(s) appearing for the Case

Berkman, Henoch, Peterson & Peddy, P.C., Garden City, NY (Donna A. Napolitano and Nicholas Tuffarelli of counsel), for petitioner.

Caroline J. Downey, General Counsel, Bronx, NY (Toni Ann Hollifield of counsel), for respondent New York State Division of Human Rights.

Lisa Whitaker, Roosevelt, NY, respondent pro se.

Dillon, J.P., Chambers, Ford and Wan, JJ., concur.

Proceeding pursuant to Executive Law § 298 and CPLR article 78 to review a determination of the Commissioner of the New York State Division of Human Rights dated April 16, 2019, and cross-petition by the New York State Division of Human Rights pursuant to Executive Law § 298 to enforce the determination. The determination, after a hearing, found that the petitioner unlawfully discriminated against the complainant on the basis of her disability, awarded her back...

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