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MATTER OF HERBERT v. KIRKLAND

2010-09247

90 A.D.3d 927 (2011)

934 N.Y.S.2d 819

2011 NY Slip Op 9326

In the Matter of ARTHUR J. HERBERT, Petitioner, v. GALEN D. KIRKLAND, as Commissioner of the New York State Division of Human Rights, et al., Respondents.

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

Decided December 20, 2011.

Adjudged that the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits, with costs to the respondent New York Institute of Technology, payable by the petitioner.

Even had the petitioner established a prima facie case of discrimination (see Matter of McEniry v Landi, 84 N.Y.2d 554, 558 [1994]; Koester v New York Blood Ctr., 55 A.D.3d 447

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