Opinion
June 24, 1991
Adjudged that the order is confirmed and the proceeding is dismissed on the merits, with costs to the respondent Becton Dickinson Immunodiagnostics payable by the petitioner.
The determination by the Commissioner that the respondent Becton Dickinson Immunodiagnostics did not unlawfully discriminate against the petitioner on the basis of her national origin and sex was supported by substantial evidence (see, Matter of Consolidated Edison Co. v New York State Div. of Human Rights, 77 N.Y.2d 411, 417-418; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). There was evidence that the petitioner did not follow company procedure in documenting her work, had poor interpersonal skills, did not get along with her co-workers, and kept irregular hours.
Furthermore, the limited questioning of the petitioner by the Administrative Law Judge was done to clarify confusing testimony and to facilitate the orderly and expeditious progress of the hearing (see, People v Yut Wai Tom, 53 N.Y.2d 44, 57; People v Jamison, 47 N.Y.2d 882, 883-884). In this administrative proceeding which was held before an Administrative Law Judge, the danger that the Administrative Law Judge's intervention would unduly prejudice the petitioner was minimal (see, Matter of James Robert L., 122 A.D.2d 51). Thompson, J.P., Kunzeman, Miller and O'Brien, JJ., concur.