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New York State Division of Human Rights v. Hilpl
Citations: 125 A.D.3d 1318; 3 N.Y.S.3d 496
Court: Appellate Division of the Supreme Court of the State of New York; February 5, 2015; New York; State Appellate Court
Proceeding under Executive Law § 298, the Appellate Division of the Supreme Court in the Fourth Judicial Department affirmed the New York State Division of Human Rights' (SDHR) determination against the respondent, which involved unlawful discriminatory practices related to housing. The court ordered the respondent to pay petitioner Gilbert A. Murphy $12,790 in compensatory damages for mental anguish and moving expenses, along with $1,000 in punitive damages, with interest at nine percent per annum starting December 1, 2011. The SDHR had initiated this enforcement action to uphold the final order of its Commissioner, which largely adopted the findings of an administrative law judge (ALJ) who conducted a public hearing. The ALJ's conclusions were supported by substantial evidence, establishing a rational basis for the Commissioner’s determination. The court confirmed the awards as consistent with the record and compliant with Executive Law § 297(4)(c)(iv), which seeks to deter housing discrimination. The ruling was unanimously agreed upon by the justices present.