HAWKINS v. CITY UNIVERSITY OF NEW YORK

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Supreme Court, Appellate Division, First Department, New York.

Curtis HAWKINS, Plaintiff-Respondent, v. The CITY UNIVERSITY OF NEW YORK, et al., Defendants-Appellants.

Decided: October 22, 2009

GONZALEZ, P.J., MAZZARELLI, SWEENY, RENWICK, RICHTER, JJ. Andrew M. Cuomo, Attorney General, New York (Ann P. Zybert of counsel), for appellants. Ballon Stoll Bader & Nadler, P.C., New York (Joseph C. Tristano of counsel), for respondent.

Order, Supreme Court, Bronx County (John A. Barone, J.), entered December 31, 2008, which, upon reargument, adhered to a prior determination denying defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted.   Appeal from order, same court and Justice, entered February 1, 2008, unanimously dismissed as superseded by the appeal from the order on reargument, without costs. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

In opposition to defendants' demonstration that plaintiff was terminated for the legitimate, nondiscriminatory reason that he threatened his supervisor with violence and engaged in other misconduct, plaintiff failed to raise the inferences that this reason was false and that discrimination based on his disability was the real reason (see Forrest v. Jewish Guild for the Blind, 3 N.Y.3d 295, 305, 786 N.Y.S.2d 382, 819 N.E.2d 998 [2004] ).   He submitted no evidence of a causal connection between his misconduct and his disability (see Riddick v. City of New York, 4 A.D.3d 242, 246, 4 A.D.3d 242, 772 N.Y.S.2d 294 [2004] ).