Appellate Division of the Supreme Court of New York, 2011

Herbert v. Kirkland

Appellate Division of the Supreme Court of New York · Decided December 20, 2011

90 A.D.3d 927; 934 N.Y.2d 819

Cases that cite this one

1 later published case cites this decision.

Matter of Briggs v. New York State Div. of Human Rights (Appellate Division of the Supreme Court of New York 2016)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Even had the petitioner established a prima facie case of discrimination (see Matter of McEniry v Landi, 84 NY2d 554, 558 [1994]; Koester v New York Blood Ctr., 55 AD3d 447, 448 *928[2008]), substantial evidence supports the determination of the Commissioner of the New York State Division of Human Rights that the petitioner’s employer, New York Institute of Technology, had a legitimate, nondiscriminatory reason for terminating the petitioner from its employ, and that he did not show that this reason was a pretext for discrimination (see 300 Gramatan Ave. Assoc v State Div. of Human Rights, 45 NY2d 176, 180 [1978]; Matter of Sauer v Donaldson, 49 AD3d 656, 657 [2008]; Genesky v Local 1000, AFSCME, AFL-CIO, CSEA, 287 AD2d 594, 595 [2001]). Mastro, A.EJ., Chambers, Sgroi and Miller, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.