Opinion
September 29, 1997
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The Executive Deputy Commissioner's determination must be confirmed since there was substantial evidence to support the conclusion that the New York City Transit Authority did not deny the petitioner's applications for promotions based upon his race, color, national origin, or age ( see, Executive Law §§ 296, 297; Matter of Consolidated Edison Co. v. New York State Div. of Human Rights, 77 N.Y.2d 411, 417; see also, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180; Matter of Pace Coll. v. Commission on Human Rights, 38 N.Y.2d 28, 40). Moreover, there is no evidence to support the petitioner's contention that he was constructively discharged due to working conditions which were so intolerable and humiliating that a reasonable person in his position would feel compelled to resign ( see, Spence v. Maryland Cas. Co., 995 F.2d 1147, 1156; see also, Mountleigh v. City of New York, 191 A.D.2d 291).
The petitioner's remaining contentions are without merit.
Bracken, J.P., Santucci, Goldstein and Luciano, JJ., concur.