Opinion
July 8, 1985
Order confirmed and proceeding dismissed, without costs or disbursements.
The record shows that the State Division of Human Rights complied fully with the duty imposed upon it by statute and regulation to investigate the complaint, and to afford the complainant an opportunity to rebut evidence submitted by the respondent (Executive Law § 297; 9 NYCRR 465.6; Brown v State Human Rights Appeal Bd., 73 A.D.2d 606). The record also shows that the decision to reclassify the position of the supervisor of the radiology department as a noncivil service position and to appoint someone other than petitioner to that position had absolutely no racial basis. The order under review is supported by sufficient evidence and was reasonably made, especially in view of petitioner's unwillingness to relinquish his civil service position to assume the newly created noncivil service position. Accordingly, it is confirmed and the proceeding is dismissed ( Brown v. State Human Rights Appeal Bd., supra; Matter of Cornwell v. IBM Corp., 67 A.D.2d 1034). Bracken, J.P., O'Connor, Rubin and Lawrence, JJ., concur.