MATTER OF WASHINGTON SQUARE INST. FOR PSYCHOTHERAPY & MENTAL HEALTH v. New York State Human Rights Appeal Bd.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Inasmuch as the alleged discriminatory act occurred prior to the effective date of the 1979 amendment to Executive Law § 292 (21), it was only necessary to demonstrate that complainant’s physical or medical condition in some way interfered with her performance in the training program in order to justify her dismissal. (See, Matter of Miller v Ravitch, 60 NY2d 527, 531-532; Matter of Westinghouse Elec. Corp. v State Div. of Human Rights, 49 NY2d 234, 237.) Here, it cannot be said that the…