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KOLOMICK v. NY AIR NATL GUARD

219 A.D.2d 367 (1996)

642 N.Y.S.2d 915

Jerry Kolomick, Appellant, v. New York Air National Guard et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 13, 1996

Attorney(s) appearing for the Case

Esseks, Hefter & Angel, Riverhead (Stephen R. Angel of counsel), for appellant.

Dennis C. Vacco, Attorney-General, New York City (Elizabeth Bradford and Robert K. Drinan of counsel), for respondents.

ROSENBLATT, J. P., and PIZZUTO, J., concur with GOLDSTEIN, J.; O'BRIEN, J., concurs in a separate opinion.

GOLDSTEIN, J.

At issue here is whether a member of the New York Air National Guard may bring an action under the Human Rights Law (Executive Law § 290 et seq.) to recover damages for an unlawful discriminatory practice allegedly perpetrated by the New York Air National Guard. We hold that such claims are governed by the Military Law and Federal regulations, and not by the Human Rights Law.

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