MATTER OF MTA BUS CO. v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

4024. 160602/15.

150 A.D.3d 512 (2017)

2017 NY Slip Op 03903

55 N.Y.S.3d 171

In the Matter of MTA BUS COMPANY, Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent.

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

Decided May 16, 2017.


The record demonstrates, and respondent determined, that the complainant, a bus operator, was placed on restricted duty for reasons unrelated to his alleged disability of bipolar disorder, namely, his reckless driving record, and that petitioner was justified in terminating him based on his conduct in vandalizing three buses in passenger service. Respondent awarded the complainant no damages. However, rather than dismissing the complaint, it proceeded to conclude that "[b...

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