From Casetext: Smarter Legal Research

MATTER OF MORSE v. COUNTY OF SETA

Appellate Division of the Supreme Court of New York, Third Department
Apr 18, 1985
110 A.D.2d 943 (N.Y. App. Div. 1985)

Opinion

April 18, 1985


Petitioner filed a complaint with the State Division of Human Rights charging that she was demoted in her employment because of her race, color and sex. After a hearing, the Division dismissed the complaint. Petitioner instituted this proceeding pursuant to Executive Law § 298 claiming that the decision was not supported by substantial evidence.

The reason given by respondents for demoting petitioner was that her job performance was unsatisfactory. At the hearing, petitioner attempted to prove that her job performance was not unsatisfactory. However, petitioner failed to offer evidence that the demotion was based on her race, color or sex. Petitioner's contention that her job performance was not unsatisfactory, even if correct, does not, standing alone, constitute an unlawful discriminatory practice ( see, Matter of Boice v. State Human Rights Appeal Bd., 73 A.D.2d 711).

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


Summaries of

MATTER OF MORSE v. COUNTY OF SETA

Appellate Division of the Supreme Court of New York, Third Department
Apr 18, 1985
110 A.D.2d 943 (N.Y. App. Div. 1985)
Case details for

MATTER OF MORSE v. COUNTY OF SETA

Case Details

Full title:In the Matter of N. RUTH MORSE, Petitioner, v. COUNTY OF SCHENECTADY…

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

Date published: Apr 18, 1985

Citations

110 A.D.2d 943 (N.Y. App. Div. 1985)