ANNABI v. CASSINO

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.