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Piro v Senior Action in a Gay Envt., Inc. (2006 NY Slip Op 51706(U))
[*1]


Decided on July 3, 2006
Supreme Court, New York County

602827/04
Leland DeGrasse, J.
Defendants move for summary judgment. Defendant Senior Action in a Gay Environment, Inc. (SAGE) terminated plaintiff's employment as its Director of Group Services on or about February 3, 2004. SAGE, a not-for profit corporation, provides social services and advocacy for lesbian, gay, transgender and transsexual senior citizens. Audrey Rivers, plaintiff's assistant, had resigned her position after being disciplined for poor attendance and tardiness. Rivers gave notice of her resignation by an e-mail dated January 15, 2005 which was addressed to defendant Terry Kaelber, SAGE's Executive Director, defendant Janice Gibeau, its Director of Clinical and Social Services and others. Rivers stated in the e-mail that she had been singled out regarding her attendance record in that "no one cared to correct [plaintiff's] time sheet when he was working his second job at
file:///C|/Users/Peter/Desktop/NY/2/2006_51706.htm[4/21/2013 6:14:06 PM] Piro v Senior Action in a Gay Envt., Inc. (2006 NY Slip Op 51706(U))
CALLEN-LORDE during SAGE business hours and taking four hour lunches."
Defendants interviewed plaintiff regarding Rivers's allegations. Upon initial questioning by Gibeau, plaintiff stated that he had no other job and was not taking four hour lunches. The answer was truthful when given because as of that time plaintiff had no other job. Later, during a supervision session, Gibeau brought the subject up again by asking plaintiff if there was any basis for Rivers's allegations. Plaintiff declined further discussion of the matter and left the session. Later, plaintiff privately admitted to Kaelber that in the previous year he had been employed by Yale University as the co-leader of a counseling group. The group met on Fridays at the premises of the Callen Lorde Community Health Center. Plaintiff testified that he made the admission after it became obvious to him that defendants had received information from Yale. A comparison of time sheets signed by plaintiff shows that on certain days he worked at Callen Lorde for four hour periods during his workdays at SAGE. Plaintiff attributes the apparent overlap of his time at the two locations to a bookkeeping measure on Yale's part. Plaintiff was informed that his employment was being terminated due to dishonesty on his part. According to the complaint, Gibeau told a SAGE discussion group that plaintiff was fired because he created a "breach of trust." It is also alleged that Kaelber repeated the statement to another SAGE group adding that plaintiff had "ripped someone off." The complaint sets forth [*2]causes of action based upon slander, slander per se and age discrimination in violation of the State and City Human Rights Laws (Executive Law

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