The Appellate Division unanimously affirmed Supreme Court's granting the defendant's motion to dismiss Petitioner's complaint, explaining that Plaintiff's allegations relating to disability retirement recommendations of the Police Pension Fund's Medical Board are misdirected as [a] the Police Pension Fund is a corporate entity independent and distinct from the police department or the City of New York and [b] is not Plaintiff's employer.
Accordingly, the Appellate Division opined that "Defendants cannot be held liable for the Police Pension Fund's alleged adverse employment actions."
Other procedural defects noted by the Appellate Division:
1. Petitioner's allegations of employment discrimination based on events that occurred before April 8, 2011 are time-barred under the applicable three-year statute of limitations [see CPLR 214[2]; Administrative Code of City of NY § 8-502[d] and the Continuous Violation Doctrine does not apply in this instance; and
2. Plaintiff's timely allegations fail to state viable claims sounding in unlawful employment discrimination.
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2018/2018_09027.htm
http://www.nycourts.gov/reporter/3dseries/2018/2018_09027.htm