Summary
In Annabi v Cassino (269 A.D.2d 551 [2d Dept 2000]), the Court held that an adverse employment action against the police officer plaintiff based upon an arrest without a conviction stated a claim for violating § 296 (16).
Summary of this case from Garcia v. The City of New YorkOpinion
Submitted January 18, 2000
February 28, 2000
In an action pursuant to Executive Law § 296 Exec.(16), the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered May 24, 1999, which denied his motion to dismiss the complaint for failure to state a cause of action.
Hitsman, Hoffman O'Reilly, Elmsford, N.Y. (Doug E. Solomon and John F. O'Reilly of counsel), for appellant.
Farrauto, Berman Fontana, Yonkers, N.Y. (Lawrence J. McElroen of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion to dismiss the complaint on the ground that it failed to state a cause of action (see, CPLR 3211 [a][7]). The complaint alleged that the defendant took adverse employment actions against the plaintiff, based on the fact that the plaintiff, a police officer, was arrested, although the arrest had not resulted in a conviction. Accordingly, it properly stated a cause of action for a violation of Executive Law § 296 Exec.(16) (see, Matter of Wallick v. Barrios-Paoli, 248 A.D.2d 332 ;Matter of Lebensbaum v. Adelphi Univ., 111 A.D.2d 393 ).
The defendant's remaining contention is without merit.