Iss Action Sec. v.
| Decision Date | 26 February 2014 |
| Citation | 114 A.D.3d 943,2014 N.Y. Slip Op. 01324,980 N.Y.S.2d 839 |
| Parties | In the Matter of ISS ACTION SECURITY, appellant, v. NEW YORK CITY COMMISSION ON HUMAN RIGHTS, respondent-respondent, et al., respondent. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Coti & Sugrue, New York, N.Y. (Stephen R. Sugrue of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Michael J. Pastor of counsel), for respondent-respondent.
In a proceeding pursuant to the Administrative Code of the City of New York § 8–123 to review a determination of the New York City Commission on Human Rights dated June 26, 2011, which adopted the findings and recommendations of an Administrative Law Judge dated April 12, 2011, made after a hearing, finding that the petitioner unlawfully discriminated against the complainant on the basis of a disability, and awarded the complainant damages in the total sum of $20,360 and imposed a civil penalty in the sum of $15,000, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Agate, J.), entered April 27, 2012, which, inter alia, in effect, confirmed the determination, denied the petition, dismissed the proceeding, and granted the, in effect, cross petition of the New York City Commission on Human Rights to enforce the determination.
ORDERED that the order and judgment is modified, on the facts and in the exercise of discretion, (1) by deleting the provision thereof, in effect, confirming the determination, denying the petition, and dismissing the proceeding, and substituting therefor a provision granting the petition to the extent of reducing the amount of the civil penalty imposed in the determination from the sum of $15,000 to the sum of $5,000, and otherwise confirming the determination, denying the petition, and dismissing the proceeding, and (2) by deleting the provision thereof granting the, in effect, cross petition to enforce the determination, and substituting therefor a provision granting the, in effect, cross petition to the extent of enforcing the determination as modified in accordance with the foregoing, and otherwise denying the, in effect, cross petition; as so modified, the order and judgment is affirmed, with costs to the respondent New York City Commission on Human Rights.
The determination of the New York City Commission on Human Rights that the petitioner unlawfully discriminated against the complainant on the basis of a disability by denying the complainant entry into a certain building for which the petitioner provided security services, and by subjecting the complainant to public ridicule, was supported by...
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