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MATTER OF JPK IMPORTS/ONEONTA, INC. v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

530309.

193 A.D.3d 1230 (2021)

146 N.Y.S.3d 683

2021 NY Slip Op 02336

In the Matter of JPK Imports/Oneonta, Inc., Doing Business as Empire Toyota Scion, Petitioner, v. New York State Division of Human Rights et al., Respondents. (Proceeding No. 1.) In the Matter of New York State Division of Human Rights, Appellant, v. JPK Imports/Oneonta, Inc., Doing Business as Empire Toyota Scion, Respondent, and David A. Fink, Respondent. (Proceeding No. 2.)

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

Decided April 15, 2021.

Attorney(s) appearing for the Case

Caroline J. Downey , State Division of Human Rights, New York City ( Toni Ann Hollifield of counsel), for appellant.

Hinman, Howard & Kattell, LLP, Binghamton ( Albert J. Millus Jr. of counsel), for David A. Fink, respondent.

Clark, Aarons and Pritzker, JJ., concur.

In May 2015, respondent David A. Fink filed a complaint with the State Division of Human Rights (hereinafter SDHR) alleging that his former employer, JPK Imports/Oneonta, Inc. (hereinafter JPK), had terminated his employment due to his disability. Following a hearing before an Administrative Law Judge (hereinafter ALJ)—at which...

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