Opinion
TP 03-00461.
December 31, 2003.
CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Oneida County (Grow, J.), entered June 12, 2000, seeking to annul a determination of respondent New York State Division of Human Rights.
MICHAEL J. CLARK, FALLS CHURCH, VIRGINIA, FOR PETITIONER.
ROSSI AND MURNANE, UTICA (VINCENT J. ROSSI, JR., OF COUNSEL), FOR RESPONDENT TOWN OF NEW HARTFORD DEPARTMENT OF BUILDINGS AND GROUNDS.
Before: PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.
Memorandum: Contrary to petitioner's contention, the determination of respondent New York State Division of Human Rights finding that respondent Town of New Hartford Department of Buildings and Grounds (Town) did not unlawfully discriminate against petitioner's decedent on the basis of age is supported by substantial evidence ( see Mittl, Ophthalmologist, P.C. v. New York State Div. of Human Rights, 100 N.Y.2d 326, 331). Even assuming, arguendo, that decedent established a prima facie case of age discrimination, we conclude that the Town came forward with "legitimate, independent, and nondiscriminatory reasons to support its employment decision[s]" ( Matter of Miller Brewing Co. v. State Div. of Human Rights, 66 N.Y.2d 937, 938; see Matter of Laverack Haines v. New York State Div. of Human Rights, 88 N.Y.2d 734, 738-739; Bockino v. Metropolitan Transp. Auth., 224 A.D.2d 471, 472, lv denied 88 N.Y.2d 805).