Opinion
October 11, 1994
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the order and judgment is affirmed, with costs to the respondent New York City Commissioner of Human Rights.
It is well settled that findings of fact made by the New York City Commission on Human Rights must be regarded as conclusive "if supported by sufficient evidence on the record as considered as a whole" (Administrative Code of City of N Y § 8-110). In reviewing the Commission's findings, the court is limited to determining whether those findings are supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 180), and may not weigh the evidence or reject the Commission's determination "where the evidence is conflicting and room for choice exists" (City of New York v. State Div. of Human Rights, 70 N.Y.2d 100, 106). Thus, where a rational basis for an agency finding of discrimination is found, "the judicial function is exhausted" (City of New York v. State Div. of Human Rights, supra, at 106).
Contrary to the petitioner's contention, we find that the Commission's determination that the hospital discriminated against the complainant by unlawfully withholding the "accommodations, advantages * * * or privileges" of its facility (Administrative Code former § 8-107 [2]) from her because her son was suffering from Acquired Immune Deficiency Syndrome is supported by substantial evidence in the record. Accordingly, the Commission's determination may not be disturbed.
Furthermore, we are satisfied that the award of compensatory damages of $25,000 to the complainant for the mental anguish she suffered when the petitioner's discriminatory conduct prevented her from visiting her son during the last hours before his death is supported by the evidence and is within the range of awards approved by this and other courts (see, Matter of New York City Tr. Auth. v. State Div. of Human Rights, 78 N.Y.2d 207; Matter of Consolidated Edison Co. v. State Div. of Human Rights, 77 N.Y.2d 411; Matter of Obstfeld v. Brandon, 180 A.D.2d 638). Sullivan, J.P., Santucci, Joy and Krausman, JJ., concur.