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In the Matter of MARY ANNE ALLENDER, Petitioner, v. EDWARD MERCADO, as Commissioner of Human Rights of the State of New York, et al., Respondents.

The award of $100,000 for mental anguish is not excessive in comparison to awards for similar injuries ( see, e.g., Tiffany Co. v Smith, 224 AD2d 332, lv denied 88 NY2d 806; Sogg v American Airlines, 193 AD2d 153, lv dismissed 83 NY2d 846, lv denied 83 NY2d 754; Boutique Indus. v New York State Div. of Human Rights, 228 AD2d 171; SUNY Coll. of Envtl. Science Forestry v State Div. of Human Rights, 144 AD2d 962). However, the award of back pay should have been reduced by the amount of unemployment insurance petitioner received during the period covered by the award ( Pioneer Group v State Div. of Human Rights, 174 AD2d 1041; Matter of New York State Div. of Human Rights v Parkview Auto Sales, 206 AD2d 888). We have reviewed the parties' remaining arguments for affirmative relief, including petitioner's that she should have been awarded further back pay, front pay and related relief, and respondent employer's that the finding of age discrimination is not supported by substantial evidence, and find them to be without merit.

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IN RE MARY ANNE ALLENDER
(Nov 12, 1996)