Opinion
February 21, 1995
Appeal from the Supreme Court, Nassau County (O'Shaughnessy, J.).
Ordered that the judgment is affirmed, with costs payable to the respondent Grumman Aerospace Corporation.
The determination of the New York State Division of Human Rights that the petitioner was not the victim of unlawful discrimination had a rational basis, was not arbitrary and capricious, and was supported by substantial evidence (see, CPLR 7803, [4]; Executive Law § 298; Matter of Bolecek v State of New York, 151 A.D.2d 478). The petitioner failed to meet his burden of showing that the independent, legitimate and nondiscriminatory reasons proffered by the respondent employer for denying the petitioner's application for a promotion and for terminating his employment were not its true reasons but merely a pretext for discrimination (see, Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 253; Matter of Miller Brewing Co. v. State Div. of Human Rights, 66 N.Y.2d 937; Matter of Talt v State Div. of Human Rights, 156 A.D.2d 569). Additionally, the petitioner was given a full and fair opportunity at the investigatory conference to present evidence on her behalf and to rebut the evidence presented by the respondent employer (see, Matter of Kushnir v. New York State Div. of Human Rights, 114 A.D.2d 898). Contrary to the petitioner's contention, a hearing is required only if the complaint is not dismissed (see, Executive Law § 297 [a]; State Div. of Human Rights v. Genesee Hosp., 50 N.Y.2d 113, 118-119).
The petitioner's remaining contentions are either unpreserved for appellate review or without merit. Miller, J.P., Thompson, Santucci and Joy, JJ., concur.