Opinion
June 3, 1997
Appeal from the Supreme Court, New York County [Charles Ramos, J.].
Substantial evidence supports respondent's findings that the candidates who received the two higher level positions sought by petitioner were not only more qualified than petitioner but that petitioner lacked the necessary qualifications. Such findings undercut petitioner's claim that his poor performance evaluations were part of a continuing pretext disguising a retaliatory motive linked to his having expressed to superiors his belief that the decisions not to promote him were based on race, and that such motive ultimately led to his termination. Nor is there any other basis to disturb respondent's findings crediting the performance evaluations and other evidence offered by the employer of legitimate, nondiscriminatory reasons for its termination of petitioner ( see, Matter of Collins v. Codd, 38 N.Y.2d 269, 271, quoting Matter of Stork Rest. v. Boland, 282 N.Y. 256, 267).
Concur — Ellerin, J.P., Nardelli, Rubin and Williams, JJ.