Opinion
March 14, 1995
Appeal from the Supreme Court, New York County [William P. McCooe, J.].
Our result here rests upon the decision in Matter of General Motors Corp. v. Rosa ( 82 N.Y.2d 183), where in similar circumstances, the Court of Appeals held that the same respondent, Commissioner Rosa, erred in issuing the final determination in that case because she had also served as Division General Counsel during the investigatory phase of the case, and the two roles were incompatible.
Such error notwithstanding, were we to reach the merits of this matter, we would find that the Division's determination herein was sustained by substantial evidence (300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179).
Concur — Sullivan, J.P., Ellerin, Rubin and Williams, JJ.