Opinion
February 1, 1996
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
The record indicates that the Commissioner's order misstated the date of the complainant's termination as October 16, 1985 instead of October 16, 1986, the correct date, and consequently the damages awarded for back pay were excessive. There was additional error in awarding interest on back pay from the misstated termination date instead of the date of the Commissioner's order, as warranted by the circumstances herein ( State Div. of Human Rights v. Massive Economic Neighborhood Dev., 47 A.D.2d 187; see also, Child School v. New York State Div. of Human Rights, 208 A.D.2d 478). We also find the award for mental anguish excessive to the extent indicated ( see, Child School v. New York State Div. of Human Rights, supra; Kelley v Analytab Prods., 204 A.D.2d 113; Matter of Unitel Video v. New York State Div. of Human Rights, 147 A.D.2d 377).
Reargument granted, and, upon reargument, the prior unpublished decision and order of this Court entered on October 31, 1995 is recalled and vacated, and a new decision and order is substituted therefor.
Concur — Ellerin, J.P., Rubin, Ross, Nardelli and Williams, JJ.