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SAIA v. SUFFOLK COUNTY COMMUNITY COLLEGE

64 A.D.3d 640 (2009)

883 N.Y.S.2d 711

ROBERT SAIA, Appellant, v. SUFFOLK COUNTY COMMUNITY COLLEGE, Respondent.

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

Decided July 14, 2009.

Ordered that the order is affirmed, with costs.

In support of its motion for summary judgment, the defendant met its prima facie burden of establishing that its decision not to appoint the plaintiff to the position of full-time professor was based on legitimate, nondiscriminatory reasons, and not his age (see Stephenson v Hotel Empls. & Rest. Empls. Union Local 100 of AFL-CIO, 6 N.Y.3d 265

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