Opinion
February 2, 1996
Appeal from the Supreme Court, Monroe County, Calvaruso, J.
Present — Lawton, J.P., Fallon, Callahan, Balio and Boehm, JJ.
Determination unanimously annulled on the law without costs and petition granted. Memorandum: Upon our review of the record, we agree with the Hearing Officer that there is insufficient proof to sustain the charge (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176).