Schwallie v. N.Y. State Div. of Human Rights

Full title: IN THE MATTER OF ASHLEIGH SCHWALLIE, PETITIONER, v. NEW YORK STATE…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Sep 30, 2016

2016 N.Y. Slip Op. 6322 (N.Y. App. Div. 2016)

Opinion

714 TP 15-01940

09-30-2016

IN THE MATTER OF ASHLEIGH SCHWALLIE, PETITIONER, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS AND BUFFALO CITY SCHOOL DISTRICT, RESPONDENTS.

LAW OFFICE OF LINDY KORN, PLLC, BUFFALO (CHARLES MILLER OF COUNSEL), FOR PETITIONER. CAROLINE J. DOWNEY, GENERAL COUNSEL, BRONX, FOR RESPONDENT NEW YORK STATE DIVISION OF HUMAN RIGHTS. GOLDBERG SEGALLA LLP, BUFFALO (KRISTIN K. WHEATON OF COUNSEL), FOR RESPONDENT BUFFALO CITY SCHOOL DISTRICT.

WHALEN, P.J., CARNI, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

PRESENT:

LAW OFFICE OF LINDY KORN, PLLC, BUFFALO (CHARLES MILLER OF COUNSEL), FOR PETITIONER.

CAROLINE J. DOWNEY, GENERAL COUNSEL, BRONX, FOR RESPONDENT NEW YORK STATE DIVISION OF HUMAN RIGHTS.

GOLDBERG SEGALLA LLP, BUFFALO (KRISTIN K. WHEATON OF COUNSEL), FOR RESPONDENT BUFFALO CITY SCHOOL DISTRICT.

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 [Catherine R. Nugent Panepinto, J.], dated November 16, 2015) to review a determination of respondent New York State Division of Human Rights. The determination dismissed petitioner's complaint.

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Same memorandum as in Matter of Figueroa v New York State Div. of Human Rights (___ AD3d ___ [Sept. 30, 2016]).

Entered: September 30, 2016

Frances E. Cafarell

Clerk of the Court