City Not Responsible For Alleged Discrimination By Police Pension Fund, Court Holds

In Marino v. City of New York, 2018 NY Slip Op 09027 (App. Div. 1st Dept. Dec. 27, 2018), the court affirmed the dismissal of plaintiff’s complaint alleging employment discrimination.

From the decision:

Plaintiff’s timely allegations fail to state claims for employment discrimination (see Askin v Department of Educ. of the City of N.Y., 110 AD3d 621 [1st Dept 2013] [termination of employment]; Gaffney v City of New York, 101 AD3d 410, 410-411 [1st Dept 2012] [hostile work environment], lv denied 21 NY3d 858 [2013]). Among other things, the allegations relating to disability retirement recommendations of the Police Pension Fund’s Medical Board are misdirected. The Police Pension Fund is a corporate entity independent and distinct from the police department or the City (see Administrative Code § 13-220), and is not plaintiff’s employer. Defendants cannot be held liable for the Police Pension Fund’s alleged adverse employment actions[.]