Matter of Daly v. N.Y. St. Div., Human Rights

Full title: In the Matter of PATRICK V. DALY, Petitioner, v. NEW YORK STATE DIVISION…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 12, 1985

113 A.D.2d 975 (N.Y. App. Div. 1985)

Opinion

September 12, 1985

Kane, J.

A review of the record supports the determination of the State Division of Human Rights that petitioner was not terminated as the result of a discriminatory practice but, rather, was terminated because of his substandard performance as a salesperson. Moreover, we are of the view that petitioner had an adequate opportunity to present his contentions and evidence, and that the Division's investigation was sufficient (see, Matter of Campchero v General Elec. Broadcasting, 88 A.D.2d 747). The determination must, therefore, be confirmed.

Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Kane, Main, Levine and Harvey, JJ., concur.