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MATTER OF McDONALD v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

2009-09407.

77 A.D.3d 668 (2010)

908 N.Y.S.2d 367

In the Matter of KENNETH W. McDONALD, Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.

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

Decided October 5, 2010.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determination of the Commissioner of the New York State Division of Human Rights that the respondent North Ferry Co., Inc. (hereinafter the respondent), did not discriminate against the petitioner on the basis of his age when it changed his employment status from "part-time" to "casual" is supported by substantial evidence (see Matter...

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