ANIL v. CITY OF NEW YORK (2026)

Merih Anil, appellant pro se.

Sheryl Neufeld, Acting Corporation Counsel, New York (Rebecca L. Visgaitis of counsel), for respondents-appellants.

Order, Supreme Court, New York County (Carol R. Sharpe, J.), entered November 26, 2025, which granted plaintiff's motion to compel defendant the City of New York to produce Steven Banks, former Commissioner of the New York City Department of Social Services, for a deposition, unanimously reversed, on the law, without costs, and the motion denied.  Cross-appeal from aforesaid order, unanimously dismissed, without costs, for lack of aggrievement.

Supreme Court erred in granting plaintiff's motion to compel defendants to produce Steven Banks for deposition.  Mr. Banks is named as a defendant solely in his official capacity as former commissioner of the New York City Department of Social Services (DSS).  Plaintiff failed to demonstrate that Banks' deposition was material and necessary to prosecute her surviving claims for age discrimination and retaliation under the New York State Human Rights Law and New York City Human Rights Law (see Forman v. Henkin, 30 NY3d 656, 661–662 [2018];  see also Carlucci v. City of New York, 89 AD3d 489, 490 [1st Dept 2011] ).  Banks, in his official capacity as DSS commissioner, had final review over EEO complaints;  however, plaintiff neither alleged that Banks took any discriminatory action toward her nor that he was involved in or aware of the decision not to consider her for promotions as related to her retaliation claims.  To the extent plaintiff alleges that Banks failed to fully and fairly investigate her EEO complaints, plaintiff does not allege that this failure itself gives rise to an inference of age discrimination.

Plaintiff was not aggrieved by the court's order to compel, which was decided in her favor, thus her cross-appeal therefrom is dismissed (see CPLR 5511;  Charles Condominiums, LLC v. Victor RPM First, LLC, 239 AD3d 404, 404–405 [1st Dept 2025] ).  This is so even though she disagrees with the opinion supporting the order below in her favor (see id.).

M–0575 – Anil v. City of New York

Motion to file a surreply or a post-argument submission denied.