The following e-filed documents, listed by NYSCEF document number (Motion 001) 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 17 were read on this motion to/for DISMISSAL. DECISION ORDER ON MOTION Plaintiff, Thomas Lent, a Lieutenant in the New York City Police Department (NYPD), brings this action pursuant to the New York State Executive Law §296 (NYSHRL) and New York City Administrative Code §8-107 (NYCHRL) against the City of New York (City), the New York Police Department (NYPD), and NYPD Deputy Inspector Patricia MacDonald (MacDonald) (collectively, defendants), alleging that he was discriminated against, subjected to a hostile work environment because of his age (45), and retaliated against because of his alleged protected activity. Defendants now move pursuant to CPLR 3211(a)(7) to dismiss the complaint on the ground that it fails to state a cause of action. Plaintiff opposes the motion. For the following reasons, defendants’ motion is granted. FACTUAL BACKGROUND Plaintiff joined the NYPD Department in 1997 (NYSCEF # 5, complaint at 1). Prior to being placed on modified assignment, plaintiff was a Lieutenant in the Intelligence Bureau, Criminal Intelligence Section and was assigned as a Squad Commander of the LEAD Investigation Unit for all terrorism related matters (id. at 13). On or about February 21, 2018, plaintiff was arrested in New Jersey and was charged with an act of violence against his ex-wife (id. at 16). Due to this arrest, plaintiff was immediately placed on a 30-day suspension by the NYPD (id.). The charges against plaintiff were dismissed about one week after he was arrested (id. at 17). Subsequently, his suspension was reduced to 20 days (id. at 19). Plaintiff alleges that MacDonald approached him on his first day back from work and told him that he was “already guilty of a domestic incident” and that he would have to “swallow a bitter pill,” because of the allegations made by his ex-wife. Plaintiff also claims that McDonald told him the domestic matter would continue to be investigated but he should admit wrongdoing, and that he is “old enough to retire” and should (id. at 21). Following the suspension, plaintiff was placed on modified duty and his gun and shield were taken away (id. at 25). Plaintiff alleges that the modified assignment restricted him from receiving overtime and evening work tours, which limited his compensation and opportunities for promotion (id.). Plaintiff alleges these steps were taken, requested, or approved by MacDonald to get plaintiff to admit to the domestic violence allegations and retire (id. at 27). Plaintiff alleges that Police Officer Tara Kobel, a member of MacDonald’s unit, who plaintiff approximates to be in her mid-30s, was also involved in a domestic violence incident but was not investigated or punished (id. at 28). Plaintiff alleges he complained numerous times about his treatment but that the complaints only resulted in hostility and retaliatory action. At one point, plaintiff was assigned to the Brooklyn Army Terminal (BAT) (id. at 34). He alleges that the parking situation at BAT was the source of much frustration to members of NYPD due to the limited number of parking spots and construction within the NYPD assigned area (id. at 35). Plaintiff alleges that many officers, including himself, wrote emails and verbally complained about the parking situation but nothing was done to fix it (id. at 36). Plaintiff alleges that a private security guard, employed by the BAT, put violation stickers on the windshield of his car and the cars of other NYPD officers. Plaintiff alleges that, upon information and belief, these stickers were signed by Lieutenant Naseer Gorgy, who is part of MacDonald’s unit and are made to give the appearance of a NYPD parking sticker (id. at 37). Plaintiff acknowledges the stickers were not NYPD stickers nor were they authorized by the NYPD (id.). Plaintiff further alleges that the private security guard, who was not employed by NYPD, did not have authority to administer “department punishment” issuing the parking violation stickers (id.). Plaintiff alleges he informed Captain Ward about the ongoing situation with the private security guard and that many officers were having stickers placed on their vehicles (id. at 38). In May 2018, plaintiff parked in an illegal spot while attending a meeting and got into a verbal confrontation with one of the private security guards (id. at
39-40). Plaintiff alleges that MacDonald contacted the security guard and urged him to file a complaint with the Civilian Complaint Review Board (CCRB) against plaintiff regarding the incident (id. at 43). Plaintiff alleges that the guard refused to file a CCRB complaint, but MacDonald nevertheless opened an investigation into the incident (id. at 44). Plaintiff alleges that within a week of his speaking to the private security guard, he was transferred out of his unit to a command in Manhattan (id. at 44). Plaintiff alleges that Sergeant Christopher Masterson, Sergeant John Hagan, and Sergeant David Cuce, all in their late 30s, also complained about the parking situation at BAT but were not transferred (id. at 46). Plaintiff alleges this transfer was another attempt by defendants to force plaintiff to retire, discriminate against him based on his age, subject him to a hostile work environment, and retaliate against him for exposing discriminatory practices (id. at 45). Plaintiff further alleges that defendants used “road therapy” to discipline the plaintiff by transferring him to an assignment located further away from his place of residence in order to force him into early retirement (id. at 48). He also complains that he was subjected to unwarranted and unauthorized investigations into his personal life, place of residence and/or off-duty employment, all without any basis and designed for the sole purpose of frustrating the plaintiff and forcing him to retire (id. at
