DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion to dismiss the complaint on the ground that it failed to state a cause of action (see, CPLR 3211 [a][7]). The complaint alleged that the defendant took adverse employment actions against the plaintiff, based on the fact that the plaintiff, a police officer, was arrested, although the arrest had not resulted in a conviction. Accordingly, it properly stated a cause of action for a violation of Executive Law § 296 Exec.(16) (see, Matter of Wallick v. Barrios-Paoli, 248 A.D.2d 332 ;Matter of Lebensbaum v. Adelphi Univ., 111 A.D.2d 393 ).
The defendant's remaining contention is without merit.