Matter of Grove Roofing Servs., Inc. v New York State Div. of Human Rights (2011 NY Slip Op 07967)

Matter of Grove Roofing Servs., Inc. v New York State Div. of Human Rights

2011 NY Slip Op 07967 [89 AD3d 1405]

November 10, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 4th, 2012

In the Matter of Grove Roofing Services, Inc., Respondent,
v
New York State Division of Human Rights, on the Complaint of LaRosa Carson, Respondent-Petitioner, and Larosa Carson et al., Respondents.

—[*1] John P. Pieri, Buffalo, for petitioner-respondent and respondent Robert Embow, Individually. Caroline J. Downey, Bronx (Toni Ann Hollifield 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, Erie County [Tracey A. Bannister, J.], entered April 18, 2011) to review a determination of respondent-petitioner New York State Division of Human Rights. The determination found that petitioner-respondent unlawfully discriminated against respondent LaRosa Carson on the basis of race and awarded her $50,000 for mental anguish and humiliation.

It is hereby ordered that the determination is unanimously confirmed without costs, the petition is dismissed, the cross petition is granted, and petitioner-respondent is directed to pay respondent LaRosa Carson the sum of $50,000, together with interest at the rate of 9% per annum, commencing July 23, 2010. Present—Smith, J.P., Carni, Lindley, Sconiers and Martoche, JJ.