Matter of Suffolk County Community Coll. v New York State Div. of Human Rights
2010 NY Slip Op 01531 [14 NY3d 762]
February 23, 2010
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


[*1]
In the Matter of Suffolk County Community College et al., Respondents,
v
New York State Division of Human Rights, Appellant and Cross Petitioner. Bruce Simmons, Respondent on the Cross Petition.

Decided February 23, 2010

Matter of Suffolk County Community Coll. v New York State Div. of Human Rights, 61 AD3d 881, reversed.

APPEARANCES OF COUNSEL

Michael K. Swirsky, Bronx, for appellant.

Christine Malafi, County Attorney, Hauppauge (Jennifer K. McNamara of counsel), for respondents.

{**14 NY3d at 762} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar{**14 NY3d at 763} as appealed from, reversed, with costs, and matter remitted to the Appellate Division, Second Department, for consideration of issues raised but not determined on the proceedings before that court. Substantial evidence in the record supports the determination of the State Division of Human Rights that complainant was subjected to unlawful discriminatory employment practices.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.