State Division of Human Rights v. S. A. Cook Factory Showroom

Determination confirmed and petition dismissed without costs. Memorandum: The Commissioner’s decision that petitioner’s termination of complainant without subjecting him to a physical examination constituted discrimination on the basis of physical disability is supported by substantial evidence. The Commissioner is presumed to have special expertise in assessing whether discrimination has occurred and his decision is entitled to considerable weight and deference (see, Matter of State Div. of Human Rights [Granelle], 70 NY2d 100; Matter of Holland v Edwards, 307 NY 38).

Petitioner’s reliance on…