In the Matter of Corning Glass Works, Respondent, v. Ronald P. Ovsanik,
Appellant, and New York State Division of Human Rights, Respondent
84 N.Y.2d 619, 644 N.E.2d 1327, 620 N.Y.S.2d 771 (1994).
December 13, 1994
4 No. 186 (1994 NY Int. 219) Decided December 13, 1994
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Raymond J. Urbanski, for appellant.
Sheila A. Donohue, for respondent State Division.
Scott F. Zimmerman, for respondent Corning.
CIPARICK, J.:
The question presented on this appeal is whether an 8 1/2 year delay
by respondent State Division of Human Rights (DHR) in processing the
complaint of discrimination against petitioner Corning Glass Works
caused that party substantial prejudice warranting dismissal of the
complaint. Although the delay was inordinate, petitioner has not shown
that it was actually prejudiced thereby. Thus, the drastic remedy of
dismissal was unwarranted.
Complainant suffers from a hereditary neurological condition that
causes involuntary tremors in his fingers, hands, and head. He was
hired by petitioner on January 9, 1984, and terminated on February 27,
1984 while still on probationary status. On March 6, 1984, he filed a
complaint of handicap discrimination with respondent State Division of
Human Rights (DHR). Hearings where conducted before Administrative Law
Judge (ALJ) Eric Glazer on March 11, 1987, October 13-14, 1987, May 4,
1988, and September 7-8, 1988. After ALJ Glazer's resignation in 1990,
the matter was referred to Acting Chief Administrative Law Judge
Albert Kostelny.
In August 1991 (7 1/2 years from complaint and 4 1/2 years from start
of hearing), ALJ Kostelny issued a decision based upon the hearing
transcripts and papers. He recommended that petitioner be ordered to
reinstate complainant as a probationary employee and that, upon
completion of complainant's probationary term, he be made a permanent
employee with seniority and retirement credits retroactive to January
9, 1984, the original hiring date. Kostelny also recommended that
petitioner be ordered to pay complainant eight weeks' back pay, plus
$5,000 in damages for mental anguish.
SNIPPETS:
In the Matter of Corning Glass Works, Respondent, v. Ronald P. Ovsanik, Appellant, and New
This opinion is uncorrected and subject to revision before publication in the New York
Sheila A. Donohue, for respondent State Division.
The question presented on this appeal is whether an 8 1/2 year delay by respondent State
After ALJ Glazer's resignation in 1990, the matter was referred to Acting Chief
He recommended that petitioner be ordered to reinstate complainant as a probationary employee
Kostelny also recommended that petitioner be ordered to pay complainant eight weeks' back
Proposed Order recommending that complainant be immediately reinstated as a permanent
DHR Commissioner Margarita Rosa adopted the recommendations in the alternative proposed order
Relying on Matter of General Motors Corp. v Rosa (82 NY2d 183), the Appellate Division held
However, rather than remitting the matter for review by an impartial arbiter and issuance of
The court determined that the long delay substantially prejudiced petitioner in two respects:
We reject petitioner's claim that the 8 1/2 year delay in this case was substantially
v deLeon, __ NY2d __, at 4).
we conclude that petitioner has not demonstrated that it was actually prejudiced by agency
Commissioner Rosa's dual participation in these proceedings requires annulment of the
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