Matter of Rochester City School Dist. v Donaldson
2007 NY Slip Op 02267 [38 AD3d 1280]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


In the Matter of Rochester City School District, Respondent, v Michelle Cheney Donaldson, as Commissioner of New York State Division of Human Rights, on Complaint of Synthia Johnson, Petitioner.

[*1] Michael J. Looby, Rochester (Cara M. Briggs of counsel), for petitioner-respondent.

Caroline J. Downey, Bronx (Michael K. Swirsky of counsel), for respondent-petitioner.

Proceeding pursuant to Executive Law § 298 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Monroe County [William P. Polito, J.], entered September 27, 2006) to review a determination of respondent-petitioner. The determination found after a hearing that petitioner-respondent had engaged in sexual discrimination and awarded complainant the amount of $25,000 as compensatory damages for mental anguish and humiliation.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs, the petition is dismissed, the cross petition is granted, and petitioner-respondent is directed to pay complainant the sum of $25,000, together with interest at the rate of 9% per annum, commencing June 16, 2006. Present—Hurlbutt, J.P., Martoche, Peradotto and Green, JJ.