LENT v. CITY OF NEW YORK (2022)

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered May 27, 2021, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

The court properly dismissed plaintiff's age discrimination claim under the New York State Human Rights Law (Executive Law § 296), as plaintiff failed to allege an adverse employment action (see Forrest v. Jewish Guild for the Blind, 3 N.Y.3d 295, 306, 786 N.Y.S.2d 382, 819 N.E.2d 998 [2004]).  Nothing in the complaint indicated that his suspension and placement on modified duty were for any reason other than disciplinary actions taken after his arrest for domestic violence (see Riddick v. City of New York, 4 A.D.3d 242, 246, 772 N.Y.S.2d 294 [1st Dept. 2004]).  The alleged acts of investigations into various misconduct by plaintiff and transfers to other precincts did not rise to the level of actionable adverse employment actions (see Messinger v. Girl Scouts of U.S.A., 16 A.D.3d 314, 315, 792 N.Y.S.2d 56 [1st Dept. 2005]).

As to the discrimination claim under the New York City Human Rights Law (Administrative Code of City of N.Y. § 8–107), the conduct of which plaintiff complained amounted to no more than “petty slights and trivial inconveniences” (Williams v. New York City Hous. Auth., 61 A.D.3d 62, 80, 872 N.Y.S.2d 27 [1st Dept. 2009], lv denied 13 N.Y.3d 702, 2009 WL 2622097 [2009]).  The alleged stray remark by defendant MacDonald that plaintiff was “old enough to retire” did not, without more, give rise to an inference of ageist bias (see Pelepelin v. City of New York, 189 A.D.3d 450, 451, 137 N.Y.S.3d 316 [1st Dept. 2020];  Fruchtman v. City of New York, 129 A.D.3d 500, 501, 11 N.Y.S.3d 582 [1st Dept. 2015];  see also Moore v. Verizon, 2016 WL 825001, *8–9, 2016 U.S. Dist LEXIS 16201 [S.D.N.Y., Feb. 5, 2016, No. 13–CV–6467 (RJS)]).  Plaintiff's bare allegations that younger officers who had committed misconduct did not receive unfavorable assignments were too general to support an inference of age discrimination (see Pelepelin, 189 A.D.3d at 451, 137 N.Y.S.3d 316;  Massaro v. Department of Educ. of the City of N.Y., 121 A.D.3d 569, 570, 993 N.Y.S.2d 905 [1st Dept. 2014], lv denied 26 N.Y.3d 903, 2015 WL 5150744 [2015]).

As plaintiff failed to allege discriminatory animus, the hostile work environment claims were properly dismissed (see Pelepelin, 189 A.D.3d at 451–452, 137 N.Y.S.3d 316).

Plaintiff failed to state a claim for retaliation, as his general complaints of mistreatment and harassment did not convey that he had complained of unlawful discrimination (see Gonzalez v. EVG, Inc., 123 A.D.3d 486, 487, 999 N.Y.S.2d 16 [1st Dept. 2014]).