In the Matter of Suffolk County Community College v. New York State Division of Human Rights

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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 90 SSM 3 In the Matter of Suffolk County Community College, et al., Respondents, v. New York State Division of Human Rights, Appellant. Bruce Simmons, Respondent. Submitted by Michael K. Swirsky, for appellant. Submitted by Jennifer K. McNamara, for respondents Suffolk County Community College and Suffolk County Department of Civil Service. * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from, reversed, with costs, and matter remitted to the Appellate Division, Second Department, for consideration of issues raised but not determined on the proceedings before that court. Substantial evidence in the record supports the determination of the State Division of Human Rights that complainant was subjected to unlawful discriminatory employment practices. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Decided February 23, 2010

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