IN RE: NEW YORK STATE DIVISION OF HUMAN RIGHTS AND GENISE BENSON

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

IN RE: NEW YORK STATE DIVISION OF HUMAN RIGHTS AND GENISE BENSON, PETITIONERS, v. NANCY POTENZA DESIGN & BUILDING SERVICES, INC., ROCCO POTENZA, INDIVIDUALLY, HEALTHNOW NEW YORK, INC., DOING BUSINESS AS BLUECROSS BLUESHIELD OF WESTERN NEW YORK, POTENZA SERVICES INC., AS SUCCESSOR–IN–INTEREST, AND POTENZA SERVICE, INC., AS SUCCESSOR–IN–INTEREST, RESPONDENTS.

TP 11–00646

Decided: September 30, 2011

PRESENT:  SMITH, J.P., CENTRA, CARNI, AND LINDLEY, JJ. CAROLINE J. DOWNEY, BRONX (TONI ANN HOLLIFIELD OF COUNSEL), FOR PETITIONERS.

MEMORANDUM AND ORDER

Proceeding pursuant to Executive Law § 298 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Joseph R. Glownia, J.], entered January 4, 2011) to enforce a determination of the New York State Division of Human Rights.

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is granted.

Memorandum:  Petitioner New York State Division of Human Rights (SDHR) commenced this proceeding for judicial review and enforcement of an order pursuant to Executive Law § 298 finding that respondent Nancy Potenza Design & Building Services, Inc. was liable, as the complainant's employer, of aiding and abetting the sexual harassment of the complainant.   The Administrative Law Judge (ALJ) awarded the complainant $10,000 in compensatory damages based on a hostile work environment claim and the Commissioner of SDHR (Commissioner) adopted the recommended order of the ALJ. We conclude that there is substantial evidence supporting the determination (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 181–182).

Patricia L. Morgan

Clerk of the Court