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MATTER OF MEDICAL EXPRESS AMBULANCE CORP. v. KIRKLAND

2009-06133.

79 A.D.3d 886 (2010)

913 N.Y.S.2d 296

In the Matter of MEDICAL EXPRESS AMBULANCE CORP. et al., Petitioners/Cross-Respondents, v. GALEN D. KIRKLAND et al., Respondents, and NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent/Cross-Petitioner.

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

Decided December 14, 2010.

Adjudged that the petition is granted and the cross petition is denied, with costs, the determination is annulled, and the administrative complaint is dismissed.

The complainant, a former employee of Medical Express Ambulance Corp. (hereinafter MEA), alleged that, over a period of months in 2005, her supervisor, Frank Martinez, made repeated unwelcome and abusive sexual advances towards her, and that those advances were so severe that she was forced to

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