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In the Matter of the BOARD OF EDUCATION OF THE PLAINEDGE UNION FREE SCHOOL DISTRICT et al., Petitioners, v. H. CARL McCALL, as Commissioner of the New York State Di

Cross application for enforcement granted, proceeding dismissed and determination confirmed, without costs or disbursements.

The determination that petitioners failed to promote complainant because of her sex, in violation of Executive Law § 296, is supported by substantial evidence ( see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176). Further, it is settled that an award of compensatory damages to a person aggrieved by an illegal discriminatory practice may include compensation for mental anguish ( State Div. of Human Rights v New York State Dept. of Correctional Servs., 90 A.D.2d 51, 58-59) and that such an award may be based solely on the testimony of the complainant ( Cullen v Nassau County Civ. Serv. Commn., 53 N.Y.2d 492). The amount of such award in this case is not excessive ( cf. New York City Bd. of Educ. v Sears, 83 A.D.2d 959). Weinstein, J.P., Brown, Niehoff and Lawrence, JJ., concur.

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MATTER OF BOARD OF EDUCATION v. McCALL
(Feb 19, 1985)