Opinion
667
April 1, 2003.
Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about December 14, 2001, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Marshall B. Bellovin, for plaintiff-appellant.
Joyce Rachel Ellman, for defendant-respondent.
Before: Nardelli, J.P., Sullivan, Friedman, Marlow, Gonzalez, JJ.
The complaint, alleging that plaintiff was subjected to impermissible workplace discrimination by reason of a medical disability, was properly dismissed since defendant employer set forth a legitimate, non-discriminatory reason for the alleged adverse employment action and plaintiff did not, in response, meet his burden to raise a triable issue as to whether defendant's proffered reason was a mere pretext (see Ferrante v. Am. Lung Assn., 90 N.Y.2d 623, 630-631).
We have considered plaintiff's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.