97 A.D.2d 762 | N.Y. App. Div. | 1983
Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board dated February 14, 1983, which affirmed an order of the Commissioner of the State Division of Human Rights, dated October 13,1981, finding that petitioner had engaged in discriminatory practices. Cross proceeding for enforcement of the foregoing orders. Petition granted, on the law, to the extent that the order dated February 14, 1983 is modified by deleting from the second decretal paragraph thereof all the words after the word “is” and substituting therefor the words “modified by deleting subdivision ‘a)’ from the first ordering paragraph thereof and by deleting from the second ordering paragraph thereof the words ‘$5,868.00, which amount represents the payment of 52 days at the per diem rate of $90.00 and’ and substituting therefor the words ‘$1,188, which amount represents the payment of’ and in all other respects is affirmed.” In all other respects the proceeding is dismissed, without costs or disbursements. Cross petition granted to the extent of directing the petitioner-respondent to comply with the directives of the order dated October 13,1981 as so modified. In all other respects the cross proceeding is dismissed, without costs or disbursements. Complainant Susan Cronin was employed by petitioner Jericho Union Free School District (hereinafter the school district) from September 1970 until her resignation on June 30, 1977. In May, 1976 she became aware that she was pregnant. She voluntarily decided to go on maternity leave for the period December 3,1976 through June 30, 1977. On June 23, 1977, complainant’s request that she be paid for 46 days of accrued sick leave and for six paid holidays which occurred during December, 1976 and for which payment would have been made to a teacher receiving sick leave benefits during this period, was first received by the school district. In addition, complainant requested