Daly v. New York State Division of Human Rights

Appellate Division of the Supreme Court of New York

Daly v. New York State Division of Human Rights

113 A.D.2d 975, 493 N.Y.S.2d 645, 1985 N.Y. App. Div. LEXIS 52597

Appellate Division of the Supreme Court of the State of New York·Decided September 12, 1985·Published

Opinion

Kane, J. Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated December 13, 1984, which dismissed petitioner’s complaint of unlawful discriminatory practices based on age and disability.

A review of the record supports the determination of the State Division of Human Rights that petitioner was not terminated as the result of a discriminatory practice but, rather, was terminated because of his substandard performance as a salesperson. Moreover, we are of the view that petitioner had an adequate opportunity to present his contentions and evidence, and that the Division’s investigation was sufficient (see, Matter of Campchero v General Elec. Broadcasting, 88 AD2d 747). The determination must, therefore, be confirmed.

Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Kane, Main, Levine and Harvey, JJ., concur.

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Kane, J. Proceeding initiated in this court pursuant to Executive Law § 298 to review a determination of the State Division of Human Rights, dated December 13, 1984, which dismissed petitioner’s complaint of unlawful discriminatory practices based on age and disability.

A review of the record supports the determination of the State Division of Human Rights that petitioner was not terminated as the result of a discriminatory practice but, rather, was terminated because of his substandard performance as a salesperson. Moreover, we are of the view that petitioner had an adequate opportunity to present his contentions and evidence, and that the Division’s investigation was sufficient (see, Matter of Campchero v General Elec. Broadcasting, 88 AD2d 747). The determination must, therefore, be confirmed.

Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Kane, Main, Levine and Harvey, JJ., concur.

Daly v. New York State Division of Human Rights, 113 A.D.2d 975, 493 N.Y.S.2d 645, 1985 N.Y. App. Div. LEXIS 52597 (N.Y. Ct. App. 1985).

Pincite

113 A.D.2d 975 (Daly v. New York State Division of Human Rights) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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