Opinion
December 15, 1978
Present — Moule, J.P., Cardamone, Simons, Dillon and Hancock, Jr., JJ.
Determination unanimously reversed insofar as it awarded damages and otherwise confirmed, without costs, and matter remitted to State Division of Human Rights for further proceedings in accordance with the following memorandum: The commissioner's finding that the complainant was willing and able to work until the day she gave birth is not supported by substantial evidence (see SDHR [Truitt] v. Stromberg Carlson, 66 A.D.2d 990). The matter is remitted to the division for the purpose of making an appropriate evidentiary record.