Opinion
2578
December 17, 2002.
Order, Supreme Court, Bronx County (John Barone, J.), entered on or about June 11, 2001, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Kevin T. Mintzer, for Plaintiff-appellant.
Fredric S. Newman, for Defendant-respondent.
Before: MAZZARELLI, J.P., SAXE, SULLIVAN, ROSENBERGER, LERNER, JJ.
Plaintiff, a 59-year-old African-American who obtained the rank of Major General in New York State's National Guard, alleges he was discriminated against on the basis of race and age, in contravention of State law, when defendant Governor appointed another individual, a General in New York's National Guard, Caucasian and five years plaintiff's junior, to the position Adjutant General, head of New York's Division of Military and Naval Affairs. Plaintiff, however, has no State law claim for discrimination in military employment, that area being governed by Federal law (see Kolimick v. New York Air Natl. Guard, 219 A.D.2d 267, appeal dismissed 88 N.Y.2d 1064).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.