Majority
Proceeding pursuant to Executive Law § 298 to review so much of a determination of the Commissioner of the New York State Division of Human Rights dated October 31, 2007, as, in effect, confirmed the findings of an administrative law judge, made after a hearing, that the petitioner unlawfully discriminated against the complainant Maryann Rossi on the basis of age and awarded her the sum of $150,000 in compensatory damages for mental anguish.
Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent of annulling so much of the determination as awarded the complainant the sum of $150,000 in compensatory damages for mental anguish; the determination is otherwise confirmed, the petition is otherwise denied, the proceeding is otherwise dismissed on the merits, and the matter is remitted to the Commissioner of the New York State Division of Human Rights for a new award of compensatory damages for mental anguish in an amount not to exceed the sum of $75,000.
The determination of the Commissioner of the New York State Division of Human Rights (hereinafter the Commissioner) that the petitioner unlawfully discriminated against the complainant Maryann Rossi on the basis of age is supported by substantial evidence (see City of New York v State Div. of Human Rights, 70 NY2d 100 , 106 [1987]; Matter of State Div. of Human Rights v Koch, 60 AD3d 777 [2009]).
However, while there is sufficient evidence to support the Commissioner’s finding that Rossi suffered mental anguish as a consequence of that unlawful discrimination (see Matter of New York City Tr. Auth. v State Div. of Human Rights, 78 NY2d 207 , 216 [1991]), the award itself was not supported by evidence before the Commissioner, and is not in accordance with other awards for similar injuries (see New York City Tr. Auth. v Div. of Human Rights, 78 NY2d at 219 ; Matter of School Bd. of Educ. of Chapel of Redeemer Lutheran Church v New York City Commn. on Human Rights, 188 AD2d 653 , 654 [1992]). Rather,
Cases cited
- City of New York v. State Division of Human Rights 70 NY2d 100 at 106 p. 878
- State Division of Human Rights v. Koch 60 AD3d 777 p. 878
- New York City Transit Authority v. State Division of Human Rights 78 NY2d 207 at 216 p. 878
- School Board of Education of the Chapel of the Redeemer Lutheran Church v. New York City Commission on Human Rights 188 AD2d 653 at 654 p. 878
- Greenville Board of Fire Commissioners v. New York State Division of Human Rights 277 AD2d 314 at 315 p. 879
- Manhattan & Bronx Surface Transit Operating Authority v. New York State Division of Human Rights 225 AD2d 553 at 554 p. 879
- Manhattan & Bronx Surface Transit Autority v. New York State Executive Department 220 AD2d 668 at 670 p. 879
- Quality Care, Inc. v. Rosa 194 AD2d 610 at 611 p. 879
- New York City Transit Authority v. State Division of Human Rights 181 AD2d 891 at 894-895 p. 879