Opinion
July 8, 1985
Appeal from the New York State Division of Human Rights.
Determination confirmed and proceeding dismissed, without costs or disbursements.
The determination of the New York State Division of Human Rights that petitioner was not discharged based on her race, but based on unsatisfactory job performance, was supported by substantial evidence ( see, Executive Law § 298; State Div. of Human Rights v. Columbia Univ., 39 N.Y.2d 612, 616, cert denied sub. nom. Gilinsky v. Columbia Univ., 429 U.S. 1096; State Div. of Human Rights v. Kilian Mfg. Corp., 35 N.Y.2d 201, appeal dismissed 420 U.S. 915; Matter of Mize v. State Div. of Human Rights, 33 N.Y.2d 53, 57). Additionally, petitioner was given a full and fair opportunity to present evidence on her behalf and to rebut the evidence presented by the respondent employer ( see, Soellner v. State Div. of Human Rights, 100 A.D.2d 876, 877; Brown v. State Human Rights Appeal Bd., 73 A.D.2d 606, 606-607). Specifically, petitioner was sent two letters by State Division of Human Rights Specialist Marc Sauve, inviting her to present evidence and to rebut the evidence presented by the respondent employer. However, the record shows that petitioner never responded to these letters. Thus, petitioner failed to avail herself of the opportunity to present evidence and rebut her employer's evidence. Finally, the fact that no conference or hearing was held with respect to petitioner's complaint does not require the annulment of the determination, since it is within the discretion of the New York State Division of Human Rights to decide what method or methods to employ in investigating complaints of discrimination, and since petitioner has otherwise been afforded a complete and fair opportunity to present her case ( see, Brown v State Human Rights Appeal Bd., supra; Matter of Cornwell v. IBM Corp., 67 A.D.2d 1034; Matter of Moscatiello v. New York State Human Rights Appeal Bd., 65 A.D.2d 904). Brown, J.P., O'Connor, Weinstein, and Rubin, JJ., concur.