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BRYER v. NEW YORK CITY COMM'N ON HUMAN RIGHTS

251 A.D.2d 2 (1998)

672 N.Y.S.2d 714

Irvine Bryer, Petitioner, and Corona Congregational Church, Appellant, v. New York City Commission On Human Rights, Respondent, et al., Respondent

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

June 2, 1998

The argument that appellant's minister was not acting within the scope of his employment when he harassed the complainant raises issues of fact not appropriately advanced for the first time in this CPLR article 78 proceeding (see, Matter of Sichel v Aponte, 210 A.D.2d 184). Were we to consider the argument, we would find that the minister's actions were not wholly personal in nature. There is substantial evidence to support...

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