Opinion
February 21, 1985
Appeal from the State Division of Human Rights.
Following its investigation of petitioner's complaints, the State Division of Human Rights found no probable cause to believe that the employer had engaged in a discriminatory practice. The Division based its finding upon evidence that petitioner's disability prevented him from performing all of the duties required of his position. The Division also noted that the employer had not hired a replacement for petitioner. In view of the Division's expertise in evaluating discrimination claims and its wide discretion to evaluate the conduct of the parties and to reach conclusions based on what is fairly inferable from the facts ( State Off. of Drug Abuse Servs. v State Human Rights Appeal Bd., 48 N.Y.2d 276, 284), the Division's determination herein cannot be disturbed, for it has a rational basis in the record. Nor is there any merit in petitioner's claim that the Division's investigation was inadequate ( compare Soellner v State Div. of Human Rights, 100 A.D.2d 876, with Matter of Tirino v Long Is. Jewish-Hillside Med. Center, 99 A.D.2d 513).
Determination confirmed, and petitions dismissed, without costs. Casey, J.P., Weiss, Mikoll, Levine and Harvey, JJ., concur.