Opinion
May 5, 1997
Adjudged that the determination is confirmed and the proceeding is dismissed, on the merits, with costs.
A determination of the Commissioner of the New York State Division of Human Rights (hereinafter the Commissioner), made after a hearing, must be confirmed if it 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; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179-180). Substantial evidence "means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact" ( 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, supra). "Although a contrary decision may be reasonable and also sustainable, a reviewing court may not substitute its judgment for that of the Commissioner if his is supported by substantial evidence" ( Matter of Consolidated Edison Co. v. State Div. of Human Rights supra, at 417).
While the petitioner established a prima facie case of discrimination ( see, Ashker v. International Bus. Machs., 168 A.D.2d 724), the respondent Pepsi-Cola Company (hereinafter Pepsi) met its burden of showing legitimate, independent, and nondiscriminatory reasons for its employment decision ( see, Matter of Miller Brewing Co. v. State Div. of Human Rights, 66 N.Y.2d 937; Kipper v. Doran Precision Sys., 194 A.D.2d 855; Manning v. Norton Co., 189 A.D.2d 971). The petitioner failed to show that the reasons offered by Pepsi were pretextual. Accordingly, the Commissioner's determination was supported by substantial evidence.
The petitioner's remaining contentions are without merit.
Santucci, J.P., Joy, McGinity and Luciano, JJ., concur.