Opinion
March 9, 1987
Appeal from the Supreme Court, Suffolk County (Jones, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
A review of the record as a whole fails to support the petitioner's claim that he was discharged from his position by Waldbaum's, Inc. as a result of his age. While the record also does not support the contention of Waldbaum's, Inc. that the petitioner had a record of poor job performance, it contains substantial evidence to indicate that the company chose to promote another younger employee, but for reasons that had nothing to do with the two workers' ages. The Division's investigator's characterization of the employment decisions as reflected in the conversations taped by the petitioner, as being related to normal company "politics" was not an arbitrary conclusion. The Division's ultimate determination that there was no probable cause to believe age was a factor in these decisions was supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; De Santis v New York State Div. of Human Rights, 114 A.D.2d 397).
The Division also conducted an adequate investigation of the petitioner's complaint and allegations. This included conferences with both parties, solicitation from each party of responses and replies to the other party's evidence and arguments, and an evaluation of the taped conversations supplied by the petitioner, which evaluations we do not find were one sided. The evidence produced did not contain the type of inconsistencies and unresolved questions that required further scrutiny (see, e.g., State Div. of Human Rights v. Gaylord Bros., 112 A.D.2d 726; Ragnetti v. State Div. of Human Rights, 110 A.D.2d 895). The investigation was not "so abbreviated and one-sided that it resulted in a record which did not afford a reasonable basis for an administrative determination" (Matter of Tirino v. Long Is. Jewish-Hillside Med. Center, 99 A.D.2d 513). Accordingly, the proceeding was properly dismissed. Rubin, J.P., Kunzeman, Spatt and Harwood, JJ., concur.