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JOCHELMAN v. NEW YORK STATE BANKING DEPARTMENT

56 A.D.3d 375 (2008)

867 N.Y.S.2d 449

In the Matter of IRVING JOCHELMAN, Appellant, v. NEW YORK STATE BANKING DEPARTMENT et al., Respondents.

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

Decided November 25, 2008.

Prior to this appeal, petitioner was promoted to the position at issue, rendering moot that portion of his appeal seeking back pay (see Matter of Szipcek v Safir, 291 A.D.2d 269 [2002]). Nevertheless, petitioner's separate claim for damages related to respondents' allegedly discriminatory behavior has not been rendered moot by petitioner's promotion, and his ADA claim is not without merit as a matter of law (see Americans...

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