Malcolm v. N.Y. State Dep't of Labor

Full title: IN THE MATTER OF BERNICE MALCOLM, PETITIONER-APPELLANT, v. NEW YORK STATE…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Aug 11, 2014

2014 N.Y. Slip Op. 80318 (N.Y. App. Div. 2014)

Opinion

DOCKET NO. CA 13-01283

08-11-2014

IN THE MATTER OF BERNICE MALCOLM, PETITIONER-APPELLANT, v. NEW YORK STATE DEPARTMENT OF LABOR, NEW YORK DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE BOARD'S ADMINISTRATIVE LAW JUDGE SECTION, ADMINISTRATIVE LAW JUDGE ANNETTE GAUL, IN HER OFFICIAL CAPACITY AND INDIVIDUALLY, NEW YORK STATE DIVISION OF HUMAN RIGHTS, HONEOYE FALLS-LIMA CENTRAL SCHOOL DISTRICT, MICHELLE KAVANAUGH IN HER OFFICIAL CAPACITY AS SUPERINTENDENT OF SCHOOLS AND INDIVIDUALLY, AND WAYNE A. VANDER BYL, IN HIS OFFICIAL CAPACITY AS SCHOOL ATTORNEY AND INDIVIDUALLY, RESPONDENTS-RESPONDENTS.

CENTRA

PRESENT: , J.P., FAHEY, SCONIERS, WHALEN AND DEJOSEPH, JJ.

Respondents New York State Department of Labor, New York State Department of Labor Unemployment Insurance Board's Administrative Law Judge Section and Administrative Law Judge Annette Gaul, in her official capacity and individually, having moved for an order accepting for filing the brief filed by New York State Department of Labor on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 6, 2012, as also having been filed by respondents New York State Department of Labor Unemployment Insurance Board's Administrative Law Judge Section and Administrative Law Judge Annette Gaul, in her official capacity and individually, and

Appellant having cross-moved for denial of said respondents' motion and for other relief,

Now, upon reading and filing the affirmation of Allyson B. Levine, Esq., dated July 18, 2014, the affidavit of Bernice Malcolm sworn to July 25, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that said respondents' motion is granted and said brief is deemed timely filed and served by the New York State Department of Labor, New York State Department of Labor Unemployment Insurance Board's Administrative Law Judge Section and Administrative Law Judge Annette Gaul, in her official capacity and individually, and

It is further ORDERED that appellant's cross motion is denied.

Entered: August 11, 2014

Frances E. Cafarell, Clerk