Opinion
10-02-2015
In the Matter of Carl A. MONTI, Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Service Employees International Union, ALF–CIO, Local 200 United, Respondents.
Law Office of Lindy Korn, PLLC, Buffalo (Charles L. Miller of Counsel), for Petitioner. Law Offices of Mairead E. Connor, PLLC, Syracuse (Mairead E. Connor of Counsel), for Respondent Service Employees International Union, ALF–CIO, Local 200 United.
Law Office of Lindy Korn, PLLC, Buffalo (Charles L. Miller of Counsel), for Petitioner.
Law Offices of Mairead E. Connor, PLLC, Syracuse (Mairead E. Connor of Counsel), for Respondent Service Employees International Union, ALF–CIO, Local 200 United.
Opinion
MEMORANDUM:In this proceeding pursuant to Executive Law § 298, petitioner seeks to annul the determination of respondent New York State Division of Human Rights dismissing his complaint following a public hearing. Our review of the determination, which adopted the findings of the Administrative Law Judge (ALJ) who conducted the public hearing, is limited to the issue whether substantial evidence supports the determination (see Matter of Bowler v. New York State Div. of Human Rights, 77 A.D.3d 1380, 1381, 908 N.Y.S.2d 508, lv. denied 16 N.Y.3d 709, 2011 WL 1237547 ). The assessment of credibility by the ALJ, moreover, is “ unassailable,” and the determination must be confirmed if the testimony credited by the ALJ provides substantial evidence to support it (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443, 522 N.Y.S.2d 478, 517 N.E.2d 193 ; see Matter of Jones v. New York State Div. of Human Rights, 122 A.D.3d 1387, 1387–1388, 997 N.Y.S.2d 878 ). We conclude that substantial evidence supports the ALJ's determination that petitioner failed to establish a prima facie case of retaliation (see Jones, 122 A.D.3d at 1387–1388, 997 N.Y.S.2d 878 ), and that petitioner's termination was based upon legitimate, nondiscriminatory reasons (see Matter of Pace Univ. v. New York City Commn. on Human Rights, 85 N.Y.2d 125, 128–129, 623 N.Y.S.2d 765, 647 N.E.2d 1273 ).
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
SCUDDER, P.J., PERADOTTO, CARNI, VALENTINO, and WHALEN, JJ., concur.