The opinion of the court was delivered by: Hon. Norman A. Mordue, D.J.
MEMORANDUM-DECISION AND ORDER
In this employment discrimination action, defendants move for summary judgment. For the reasons set forth below, the Court grants the motion in its entirety.
Plaintiff filed a charge with New York State Division of Human Rights ("DHR") dated June 20, 2002, asserting the following:
I am Guyanese race and National Origin.
On or about September 17, 2001, I began employment with the Respondent as a Machine Operator. My time, attendance, and performance are all satisfactory. Throughout my employment I have been treated differently than other employees because of my race and National Origin. Specifically, on or about December 15, 2001 I attempted to ask a question to Diane Stangle, Human Resources Coordinator. Ms. Stangle did not answer my question, and mocked me in front of other employees. On or about May 25, 2002, Mike Vainauskas spoke to me in a manner that was disrespectful. On or about June 14, 2002, Mark Longstaff hit my ears. No other employees are treated in this manner. I believe these actions occurred because of my race and National Origin. (Paragraph numbering omitted.)
After investigation, DHR found "insufficient evidence to indicate that the Complainant was subject to a pervasive hostile work environment related to his race or National Origin" and "no evidence that any of the identified alleged actions were related to the Complainant's race or National Origin." DHR made a determination of no probable cause on February 26, 2003. On April 29, 2003, the Equal Employment Opportunity Commission adopted the findings of DHR and issued a right-to-sue letter.
On July 22, 2003, plaintiff, who was represented by counsel, filed the complaint herein, setting forth the following factual allegations:
That plaintiff is a man of Guyanese race and national origin.
That plaintiff came to America approximately seven (7) years ago and began working for the defendant on or about September 17, 2001.
That plaintiff was hired as a Machine Operator.
That throughout the plaintiff's employment with the defendant, the plaintiff was treated differently than other employees not of a Guyanese decent.
That on or about December 15, 2001 the plaintiff attempted to ask a question of Diane Stangle, the Human Resources Coordinator. Ms. Stangle did not answer the plaintiffs question and also mocked the plaintiff in front of other employees.
That on or about February 16,2002 Michael Forslund and another co-worker of the plaintiffs asked the plaintiff how come Guyanese immigrants 'were buying houses for cash in Schenectady. On that same date, Michael Forslund pushed the plaintiff in the shoulder and also grabbed the plaintiff around his lower back and wrestled the plaintiff up an[d] down. Mr. Forslund put the plaintiff ...