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GINA v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, First Department.
Mar 6, 2007
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Plaintiff alleged that denial of her appointment as a correction officer was, inter alia, in retaliation for her filing a sexual harassment claim against her employer, the New York City Housing Authority. She failed to establish a prima facie claim of retaliation, as there was no evidence of a causal connection between the filing of the harassment claim in 1998 and the denial of her appointment as a correction officer in June 2000 ( see Forrest v Jewish Guild for the Blind, 3 NY3d 295, 313 [2004]). Fatal to the complaint is that plaintiff was ultimately approved for appointment on condition that she take a psychological examination, for which she did not appear. Even were it determined that there was a prima facie case of retaliation, plaintiff failed to show that the legitimate, nondiscriminatory reasons articulated by defendants for their actions were merely a pretext ( Pace v Ogden Servs. Corp., 257 AD2d 101, 105).