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AULICINO v. NEW YORK CITY DEPT., HOMELESS SERVICES

Docket No. 06-5605-cv.

580 F.3d 73 (2009)

Thomas A. AULICINO, Plaintiff-Appellant, v. NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES, and Linda Gibbs as Commissioner of the Agency, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 8, 2009.

Attorney(s) appearing for the Case

Arthur Z. Schwartz, Schwartz, Lichten & Bright, P.C., New York, NY, for Appellant.

Fay Ng (Pamela Seider Dolgow, Eric Eichenholtz, Michael A. Cardozo, Corporation Counsel of the City of New York, of counsel), New York, NY, for Appellees.

Before: STRAUB, SACK, and WESLEY, Circuit Judges.

SACK, Circuit Judge:

The plaintiff, Thomas Aulicino, appeals from a judgment of the United States District Court for the Eastern District of New York. Aulicino is a Motor Vehicle Operator ("MVO") at the Hinsdale Depot of the New York City Department of Homeless Services ("DHS"). He claims that he was denied a promotion at DHS because he is white, was subjected to a discriminatory hostile work environment, and was retaliated...

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