| Matter of Columbia Sussex Corp. v New York State Div. of HumanRights |
| 2009 NY Slip Op 04422 [63 AD3d 736] |
| June 2, 2009 |
| Appellate Division, Second Department |
| In the Matter of Columbia Sussex Corporation et al.,Petitioners, v New York State Division of Human Rights et al.,Respondents. |
—[*1] Caroline J. Downey, Bronx, N.Y. (Michael K. Swirsky of counsel), for respondent NewYork State Division of Human Rights.
Proceeding pursuant to Executive Law § 298 to review a determination of theCommissioner of the respondent New York State Division of Human Rights dated April 25,2007, which, after a hearing, found, in effect, that the petitioners unlawfully discriminatedagainst the complainant in relation to her employment by subjecting her to a hostile workenvironment, and awarded the complainant the principal sum of $50,000 in compensatorydamages for mental anguish.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding isdismissed on the merits, with costs.
The determination of the Commissioner of the respondent New York State Division ofHuman Rights which found, in effect, that the petitioners unlawfully discriminated against thecomplainant in relation to her employment by subjecting her to a hostile work environment issupported by substantial evidence, and thus, cannot be disturbed (see Matter of Hilal v New York State Div.of Human Rights, 57 AD3d 898 [2008]). Furthermore, the compensatory award isreasonably related to the wrongdoing, supported by substantial evidence, and similar tocomparable awards for similar injuries (see Matter of New York [*2]City Tr. Auth. v State Div. of Human Rights, 78 NY2d 207,219 [1991]; Matter of State Div. ofHuman Rights v Stoute, 36 AD3d 257, 266 [2006]).
The petitioners' remaining contentions are without merit. Santucci, J.P., Florio, Covello andDickerson, JJ., concur.