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STATE DIV. OF HUMAN RIGHTS v. S. A. COOK FACTORY SHOWROOM

132 A.D.2d 935 (1987)

State Division of Human Rights, on Complaint of Alexander R. Pecci, Respondent, v. S. A. Cook Factory Showroom, Petitioner

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 10, 1987

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...

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