Opinion
February 2, 1996
Appeal from the Supreme Court, Erie County, Glownia, J.
Present — Green, J.P., Pine, Callahan and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination of respondent New York State Division of Human Rights that petitioner committed an unlawful discriminatory practice by terminating complainant from employment because of her gender and gender-specific disability (pregnancy) is supported by substantial evidence (see, Matter of Consolidated Edison Co. v. New York State Div. of Human Rights, 77 N.Y.2d 411, 417, rearg denied 78 N.Y.2d 909; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179-180). The award of $10,000 as compensatory damages for mental anguish is supported by the record and is not excessive (see, Matter of City of Fulton v. New York State Div. of Human Rights, 221 A.D.2d 971; Matter of Laverack Haines v. New York State Div. of Human Rights, 217 A.D.2d 955; Matter of New York State Dept. of Correctional Servs. v. State Div. of Human Rights, 207 A.D.2d 585, 585-586; Matter of Marcellus Volunteer Fire Dept. v. Stock, 155 A.D.2d 982).