Morse v. County of Schenectady Employment & Training Administration (SETA)

— Mahoney, P. J.

Petitioner filed a complaint with the State Division of Human Rights charging that she was demoted in her employment because of her race, color and sex. After a hearing, the Division dismissed the complaint. Petitioner instituted this proceeding pursuant to Executive Law § 298 claiming that the decision was not supported by substantial evidence.

The reason given by respondents for demoting petitioner was that her job performance was unsatisfactory. At the hearing, *944petitioner attempted to prove that her job performance was not. unsatisfactory. However, petitioner failed to offer…