Opinion
May 27, 1986
Order confirmed and proceeding dismissed, without costs or disbursements.
The division's determination that the petitioner and its principal Harry Ortgies discriminated against the complainant on the basis of sex when they offered a full-time guidance counsellor position to a less-qualified male applicant, is supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 179; Matter of Board of Educ. v State Div. of Human Rights, 109 A.D.2d 988). The complainant succeeded in proving that she had been the victim of sex discrimination by demonstrating that the explanation offered by the petitioner for the rejection of her application for employment was unworthy of credence (see, United States Postal Serv. Bd. of Governors v Aikens, 460 U.S. 711, 716; Texas Dept. of Community Affairs v Burdine, 450 U.S. 248, 256).
We have examined the petitioner's remaining contentions and find them to be without merit. Rubin, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.