Opinion
Argued September 15, 2000.
November 13, 2000.
In an action pursuant to the New York State Human Rights Law (see, Executive Law § 296), to recover damages for gender discrimination, the plaintiff appeals from an order of the Supreme Court, Orange County (Owen, J.), dated January 10, 2000, which granted the defendant's motion for summary judgment dismissing the complaint.
Michael H. Sussman, Goshen, N.Y. (Stephen Bergstein of counsel), for appellant.
Drake, Sommers, Loeb, Tarshis Catania, PLLC, Newburgh, N Y (Kathleen A. Mishkin of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., THOMAS R. SULLIVAN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff, an at-will employee, claims that she was terminated from her job as a bartender at the defendant Middletown Lodge (Elks Club) No. 1097 (hereinafter the Lodge) as a result of gender discrimination. However, the defendant demonstrated the absence of a prima facie case of discrimination under Executive Law § 296, and the plaintiff failed to establish the existence of any material issue of fact (see, Ferrante v. American Lung Assn., 90 N.Y.2d 623, 631). Accordingly, the Supreme Court properly granted the Lodge's motion for summary judgment dismissing the complaint (see, Gilroy v. Continental Corp., 237 A.D.2d 251; Wozniak v. Components Assembly Div., 220 A.D.2d 934; Ioele v. Alden Press, 145 A.D.2d 29).