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2022nov28
2018 NY Slip Op 00209 [157 AD3d 1093] January 11, 2018 Appellate Division, Third Department As corrected through Wednesday, February 28, 2018 Malinowski appealed. Separately, NYSCIPBA's president appealed. One slip opinion of AD3 decided both appeals. Malinowski (in Proceeding 1) and NYSCIPBA's president (in Proceeding 2) lost.
Two appeals
- Proceeding 1: appellant Malinowski In the Matter of Keith A. Malinowski, Appellant, v New York State Division of Human Rights et al., Respondents.
- Proceeding 2: appellant Powers (NYSCOPBA president) In the Matter of Michael Powers, as President of the New York State Correctional Officers and Police Benevolent Association, Inc., Appellant, v. New York State Division of Human Rights et al., Respondents.
LAWYERS Lippes Mathias Wexler Friedman, LLP, Albany (Lawrence H. Schaefer of counsel), for appellants. Caroline J. Downey, New York State Division of Human Rights, New York City (Michael K. Swirsky of counsel), for New York State Division of Human Rights, respondent. Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for Department of Corrections and Community Supervision and another, respondents.
Appeal from a judgment of the Supreme Court (Hartman, J.), entered June 22, 2016 in Albany County, which dismissed petitioners' applications, in two proceedings pursuant to Executive Law § 298, to review determinations of respondent State Division of Human Rights that respondent Department of Corrections and Community Supervision was not guilty of an unlawful discriminatory practice based on gender.Judgment affirmed, upon the opinion of Justice Denise A. Hartman (58 Misc 3d 926 [Sup Ct, Albany County 2016]).
Garry, P.J., Lynch, Clark, Aarons and Pritzker, JJ., concur. Ordered that the judgment is affirmed, without costs.
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