CHARLES SCHWARZ, plf-ap, v. CONSOLIDATED EDISON, INC., ET AL., def-res

3007. CHARLES SCHWARZ, plf-ap, v. CONSOLIDATED EDISON, INC., ET AL., def-res — Serrins & Associates LLC, New York (Corey M. Stein of counsel), for ap — Paul Limmiatis, New York, for res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered on or about August 4, 2015, which granted defendants’ CPLR 3211(a)(7) motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff failed to allege facts sufficient to state an employment discrimination claim under either the New York State or New York City Human Rights Law (HRL) based on his “having been convicted of one or more criminal offenses” (Executive Law §296[15]; Administrative Code of City of NY §8-107[10]). The State and City HRLs incorporate article 23-A of the Correction Law, which prohibits denial of employment to an individual “by reason of the individual’s having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of ‘good moral character’ when such finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses” (Corr Law §752; Executive Law §296[15]; Administrative Code §8-107[10]).