(concurring). Despite my dissent in Matter of Ithaca City School Dist. v New York State Div. of Human Rights (— AD3d —, 2011 NY Slip Op 05597 [2011] [decided herewith]), I am constrained by the majority’s holding in that decision to concur in the result here.
Ordered that the judgment is affirmed, without costs. [Prior Case History: 28 Misc 3d 1229(A), 2010 NY Slip Op 51535(U).]