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MATTER OF NEW YORK STATE DEPARTMENT OF LABOR v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

505720, 505925.

71 A.D.3d 1234 (2010)

897 N.Y.S.2d 740

In the Matter of NEW YORK STATE DEPARTMENT OF LABOR (UNEMPLOYMENT INSURANCE APPEAL BOARD), Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.

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

Decided March 11, 2010.

Peters, J.P.

Respondent Cynthia T. Lowney was hired by petitioner in May 1991 to serve as an Administrative Law Judge (hereinafter ALJ) for the Unemployment Insurance Appeal Board and was assigned to be supervised by senior ALJ Ronald Moss. Lowney had her work reviewed on a daily basis by Frank Graffeo and Allen Brenner, more experienced ALJs. Lowney soon began to experience what she perceived to be sexually harassing and gender-based discriminatory conduct by Moss...

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