| Matter of Mohawk Val. Orthopedics, LLP v Carcone |
| 2009 NY Slip Op 06901 [66 AD3d 1350] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| In the Matter of Mohawk Valley Orthopedics, LLP,Petitioner-Respondent, v Andrea M. Carcone, Respondent, and New York State Division ofHuman Rights, Respondent-Petitioner. |
—[*1] Caroline J. Downey, Bronx (Toni Ann Hollifield of counsel), forrespondent-petitioner.
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of theSupreme Court in the Fourth Judicial Department by order of the Supreme Court, Oneida County[Anthony F. Shaheen, J.], entered February 6, 2009) to annul a determination ofrespondent-petitioner. The determination found after a fair hearing that petitioner-respondentunlawfully discriminated against respondent based on a disability.
It is hereby ordered that the determination is unanimously confirmed without costs, thepetition is dismissed, the cross petition is granted and petitioner-respondent is directed to payrespondent the following sums: $7,500 for mental anguish and humiliation and $2,180 for healthinsurance premiums, with interest at the rate of 9% per annum commencing September 30, 2008.
Memorandum: Petitioner-respondent (petitioner) commenced this CPLR article 78proceeding seeking to annul the determination of respondent-petitioner, New York StateDivision of Human Rights (hereafter, SDHR), that petitioner unlawfully discriminated againstrespondent, Andrea M. Carcone, (hereafter, complainant), based on a disability, i.e.,hypertension. Petitioner discharged complainant approximately six weeks after she was hiredand a few days after being notified by complainant that she had been diagnosed withhypertension. The Administrative Law Judge (ALJ) found that complainant established a primafacie case of discrimination and refused to credit the testimony of petitioner's witnesses thatpetitioner in fact had decided to discharge complainant prior to learning of her medicaldiagnosis. The "Recommended Order" of the ALJ, which ordered petitioner to pay complainant$7,500 for mental anguish and humiliation and $2,180 for health insurance premiums, wasadopted by SDHR's Commissioner, and SDHR cross-petitioned pursuant to Executive Law§ 298, seeking enforcement of the order of the Commissioner.
We note at the outset the well-settled proposition that we may not substitute our ownjudgment for that of the Commissioner, and we thus must confirm the determination where, as[*2]here, it is supported by substantial evidence (see Matter of Woehrling v New York StateDiv. of Human Rights, 56 AD3d 1304, 1305 [2008]). Inasmuch as there is "a rationalbasis for the Commissioner's determination, the judicial function is exhausted" (Matter of Argyle Realty Assoc. v NewYork State Div. of Human Rights, 65 AD3d 273, 284 [2009]).
We reject petitioner's contention that the compensatory damages award of $7,500 for mentalanguish and humiliation is not supported by the evidence. "In reviewing such an award, we mustdetermine[, inter alia,] whether the relief was reasonably related to the wrongdoing [and]whether the award was supported by evidence before [the Commissioner]" (Woehrling,56 AD3d at 1305 [internal quotation marks omitted]). It is well established that "[m]ental injurymay be proved by the complainant's own testimony, corroborated by reference to thecircumstances of the alleged misconduct" (Matter of New York City Tr. Auth. v State Div. ofHuman Rights, 78 NY2d 207, 216 [1991]; see Matter of Iroquois Nursing Home, Inc. v New York State Div. ofHuman Rights, 55 AD3d 1285 [2008], lv denied 12 NY3d 708 [2009]). Here,complainant testified at the hearing that she was "humiliated" by the discharge inasmuch as shefelt that petitioner "attacked" her work ethic and character. She further testified that she was"scared" because she had a recently diagnosed medical condition and did not know how shewould afford treatment of the condition without employment and health insurance benefits. Wethus conclude on the record before us that the compensatory damages award for mental anguishand humiliation is supported by the evidence (cf. Woehrling, 56 AD3d at 1305-1306;Iroquois Nursing Home, Inc., 55 AD3d 1285 [2008]). Present—Scudder, P.J.,Hurlbutt, Peradotto, Green and Gorski, JJ.