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In Re Garba Casting Co., Inc v. Veronica Mosquera

New York Supreme and/or Appellate Courts Appellate Division, First Department


October 23, 2012

IN RE GARBA CASTING CO., INC.,
PETITIONER,
v.
VERONICA MOSQUERA, ET AL.,
RESPONDENTS.

Matter of Matter of Garba Casting Co., Inc. v Mosquera

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 23, 2012

Tom, J.P., Andrias, Saxe, DeGrasse, Manzanet-Daniels, JJ.

Determination of respondent New York State Division of Human Rights, dated April 8, 2011, which, after a hearing, inter alia, found that petitioner had unlawfully discriminated against respondent Veronica Mosquera, unanimously confirmed, the petition denied and the proceeding brought pursuant to Executive Law § 298 and 22 NYCRR 202.57 (transferred to this Court by order of the Supreme Court, New York County [Shlomo S. Hagler, J.], entered September 13, 2011), dismissed, without costs.

Substantial evidence supports the finding that petitioner had retaliated against Mosquera for her refusal to convince another employee, her nephew, to drop his discrimination complaint against petitioner, and for her statement to petitioner that she would be a witness for her nephew (see Matter of CUNY-Hostos Community Coll. v State Human Rights Appeal Bd., 59 NY2d 69, 75 [1983]). We reject petitioner's contention that Mosquera's claim must fail simply because her nephew's complaint was ultimately found to be without merit (see Modiano v Elliman, 262 AD2d 223 [1st Dept 1999]). Indeed, there is substantial evidence that Mosquera reasonably believed that her nephew was fired for discriminatory reasons and that she was entitled to the protections of the Human Rights Law (see id.).

We have considered petitioner's remaining arguments, including its contention that Mosquera was terminated for nondiscriminatory reasons, and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 23, 2012

CLERK

20121023

© 1992-2012 VersusLaw Inc.



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