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OPHTHALMOLOGIST v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

307 A.D.2d 881 (2003)

764 N.Y.S.2d 39

RAINER N. MITTL, OPHTHALMOLOGIST, P.C., Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent. MAYRA RIVERA-MALDONADO, Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.

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

Decided August 28, 2003.

In considering whether the award of back pay is supported by substantial evidence, we note Dr. Mittl's testimony that by April 1991, the new Medicare laws made it uneconomical to maintain receptionists in both his offices, so he ceased maintaining a receptionist in his Manhattan office, having all the Manhattan paperwork performed by the staff in his Brooklyn office, and all the telephone calls routed to the Brooklyn office. Ms...

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