ALBANY – An “indefensible” and “intolerable” 18-year delay in deciding a medical discrimination complaint filed by a former corrections officer has made unenforceable the Division of Human Rights’ ruling of bias, a state appeals court found.

A unanimous panel of the Appellate Division, Third Department, agreed with the Department of Corrections and Community Supervision (DOCCS) that the prison system was “substantially prejudiced” by the length of time it took to decide Kenneth Howarth’s complaint.

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