State Division of Human Rights v. Syracuse University

Determination and order unanimously confirmed, without costs. Memorandum: Petitioner, an assistant professor, asserts that she was denied tenure by the Syracuse University English Department because of her sex. The Commissioner of the State Division of -Human Rights, after a hearing, found that sex was not a factor in the denial. The Human Rights Appeal Board affirmed, finding that the commissioner’s conclusion was supported by substantial evidence on the whole record (Human Rights Law, § 297-a, subd. 7, par. d). The scope of our review is no greater than that of the appeals board (Human Rights Law, § 298; cf. Matter of Mize v. State Div. of Human Rights, 33 N Y 2d 53, 57) and, therefore, the sole question on this petition is whether there was sufficient evidence in the record to support the commissioner’s finding that no discrimination occurred in denying petitioner tenure (Matter of Tony Nuzzo & Sons v. State Div. of Human Rights, 45 A D 2d 921, 922; State Div. of Human Rights v. Bakery & Confectionary Workers’ Int. Union of Amer., Local 429, 43 A D 2d 814, affd. 34 N Y 2d 634; Bethlehem Steel Corp. v. New York State Div. of Human Rights, 36 A D 2d 898, 899; New York State Div. of Human Rights v. New York-Pennsylvania Professional Baseball League, 36 A D 2d 364, 371, affd. 29 N Y 2d 921). Clearly, there was ample evidence to support the commissioner’s determination. (Application pursuant to section 298 of the Executive Law to reverse order dismissing complaint.) Present — Witmer, J. P., Moule, Cardamone, Mahoney and Del Yecehio, JJ.