Opinion
February 14, 1994
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs to respondent Crowe's Funeral Homes, Inc.
We conclude that there is substantial evidence in the record (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 181; New York State Div. of Human Rights v. Johnson Higgins, 140 A.D.2d 214; Executive Law § 298) to support the Commissioner's determination that the respondent had a valid business reason for discharging the petitioner from employment (see, McDonnell Douglas Corp. v. Green, 411 U.S. 792; Mayer v Manton Cork Corp., 126 A.D.2d 526). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.