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AURECCHIONE v. HUMAN RIGHTS

98 N.Y.2d 21 (2002)

771 N.E.2d 231

744 N.Y.S.2d 349

In the Matter of CAROL AURECCHIONE, Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.

Court of Appeals of the State of New York.

Decided April 25, 2002.

Attorney(s) appearing for the Case

Edward Cherney, Port Jefferson, and John J. Andrews for appellant.

Michael K. Swirsky, Bronx, and Gina M. Lopez for New York State Division of Human Rights, respondent.

Franklin & Gringer, P.C., Garden City (Martin Gringer and Joshua A. Marcus of counsel), for Classic Coach and others, respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

CIPARICK, J.

Petitioner Carol Aurecchione prevailed in a human rights employment discrimination claim she filed against her former employer, respondents Classic Coach, Schoolman Transportation System, Inc. and Bill Schoolman. Following a finding of discrimination, the State Division of Human Rights (Division) awarded her back pay. The Division refused, however, to award "pre-determination...

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