Opinion
April 24, 1992
Appeal from the Supreme Court, Monroe County, Boehm, J.
Present — Callahan, J.P., Green, Balio, Lawton and Fallon, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: There is substantial evidence in the record to support respondent's conclusion that Richard P. Mattice was not bypassed for promotion to Fire Captain because of his protected union activities (see, Civil Service Law § 209-a [c]; Matter of Levitt v Board of Collective Bargaining, 79 N.Y.2d 120).