Hawkins v City Univ. of N.Y.

Hawkins v City Univ. of N.Y. 2009 NY Slip Op 07487 [66 AD3d 553] October 22, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

Curtis Hawkins, Respondent,
v
City University of New York et al., Appellants.

—[*1] Andrew M. Cuomo, Attorney General, New York (Ann P. Zybert of counsel), for appellants.

Ballon Stoll Bader & Nadler, P.C., New York (Joseph C. Tristano of counsel), for respondent.

Order, Supreme Court, Bronx County (John A. Barone, J.), entered December 31, 2008, which, upon reargument, adhered to a prior determination denying defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. Appeal from order, same court and Justice, entered February 1, 2008, unanimously dismissed as superseded by the appeal from the order on reargument, without costs. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

In opposition to defendants' demonstration that plaintiff was terminated for the legitimate, nondiscriminatory reason that he threatened his supervisor with violence and engaged in other misconduct, plaintiff failed to raise the inferences that this reason was false and that discrimination based on his disability was the real reason (see Forrest v Jewish Guild for the Blind, 3 NY3d 295, 305 [2004]). He submitted no evidence of a causal connection between his misconduct and his disability (see Riddick v City of New York, 4 AD3d 242, 246 [2004]). Concur—Gonzalez, P.J., Mazzarelli, Sweeny, Renwick and Richter, JJ.