Opinion
Decided September 12, 1991
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Rosamond Prosterman and Lawrence Kunin for appellant.
Robert J. Foody and Paul R. Kietzman for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), judgment reversed, with costs, for the reasons stated in the dissenting memorandum by Presiding Justice A. Franklin Mahoney insofar as it addresses the issue of substantial evidence to support the Commissioner's finding of employment discrimination ( 168 A.D.2d 714, 716-717), and the matter remitted to the Appellate Division, Third Department, for further proceedings on the issue of damages for mental anguish and humiliation in accordance with Matter of New York City Tr. Auth. v State Div. of Human Rights ( 78 N.Y.2d 207).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.