Alfanov.Miller Environmental Group

Appellate Division of the Supreme Court of New York, Second DepartmentAug 10, 1998
675 N.Y.S.2d 311 (N.Y. App. Div. 1998)
675 N.Y.S.2d 311253 A.D.2d 446

August 10, 1998

Appeal from the Supreme Court, Nassau County (DiNoto, J.).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

Assuming that the plaintiff demonstrated a prima facie case of discrimination, the defendant succeeded in establishing that the alleged adverse employment decision was based on legitimate, independent, and nondiscriminatory reasons ( see, Ferrante v. American Lung Assn., 90 N.Y.2d 623; Matter of Miller Brewing Co. v. State Div. of Human Rights, 66 N.Y.2d 937). The plaintiff failed to raise material issues of fact as to whether the reasons given were false and whether her age or gender was the real reason ( see, Ferrante v. American Lung Assn., supra; Matter of Laverack Haines v. New York State Div. of Human Rights, 88 N.Y.2d 734). Accordingly, the Supreme Court erred in denying the defendant's motion for summary judgment.

Bracken, J. P., Copertino, McGinity and Luciano, JJ., concur.