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MATTER OF MACKSEL v. RIVERHEAD CENTRAL SCHOOL DISTRICT

2 A.D.3d 731 (2003)

769 N.Y.S.2d 585

In the Matter of FRANK MACKSEL, Petitioner, v. RIVERHEAD CENTRAL SCHOOL DISTRICT, Respondent.

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

December 22, 2003.

Adjudged that the petition is granted, on the law, with costs, and the determination is annulled.

Hostile work environment sexual harassment exists when "the workplace is permeated with `discriminatory intimidation, ridicule and insult' that is sufficiently severe or pervasive to alter the terms or conditions of employment" (Vitale v Rosina Food Prods., 283 A.D.2d 141, 143 [2001], quoting Harris v Forklift Sys.,

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