DECISION AND ORDER
KENNEY, JOAN M., J.
Recitation, as required by CPLR 2219(a), of the papers considered in review of this motion to dismiss.
Notice of Motion, Affirmations, Exhibits.............. 1-18
Opposition Affirmation...................... 19
Reply Affirmation .................... 20
In this discrimination action, defendant NYU Hospitals Center (the Hospital), moves for an Order, pursuant to CPLR 3211, dismissing the action.
Plaintiff alleges in the complaint that he was fired from his employment because: (1) he is African American; and (2) he was retaliated against regarding the Hospital's opposition to his unemployment benefits.
On September 28, 2009, plaintiff was hired as a temporary housekeeper at the Hospital for Joint Disease's Environmental Services Department. Plaintiff became a permanent employee on July 19, 2010.
On December 13, 2011, plaintiff transferred to a probationary orthopedic technician position in the Hospital for Joint Disease's Department of Surgical Services and Central Supply (SSCS). Plaintiffs supervisors in the SSCS were: Luciano Iaboni, who approved plaintiffs transfer; Dennis Campbell; and Maria Hancock. In 2012, the SSCS had 56 employees, 46 of whom were African American.
The incident which led to plaintiffs termination was recorded on the Hospital's videotape surveillance security system and was shown as evidence in plaintiffs administrative appeal. The video establishes that plaintiff and another employee (the 2nd employee) were present in the break room on the evening of January 31, 2012. The video establishes the following recorded occurrences:
► at 5:56pm plaintiff and the 2nd employee are in the break room when the other employee checks his phone, returns it to ...