Opinion
March 4, 1985
Appeal from the New York State Division of Human Rights.
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
The record before us is devoid of evidence suggesting that petitioner was compelled to retire from his employment with respondent Suffolk County Water Authority because of his age. In fact, the record is replete with documented instances where petitioner demonstrated an inability to cooperate with fellow employees, engaged in various acts of insubordination and refused to follow instructions after countless admonitions. Thus, as there was substantial evidence to support the division's determination, it must not be disturbed ( see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Murapa v. Kramarsky, 88 A.D.2d 1009; Matter of Auchenpaugh v General Elec. Co., 92 A.D.2d 680).
Moreover, petitioner was afforded every opportunity to submit evidence in support of the charges in his complaint. Therefore, we do not find that the division's determination was arbitrary, capricious or an abuse of discretion ( see, Matter of Piekielniak v. New York State Dept. of Health, 90 A.D.2d 585; Matter of Taber v. New York State Human Rights Appeal Bd., 64 A.D.2d 990). Gibbons, J.P., Weinstein, Brown and Eiber, JJ., concur.