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MATTER OF FICHTER v. EGAN

223 A.D.2d 516 (1996)

637 N.Y.S.2d 925

In the Matter of William F. Fichter, Appellant, v. John C. Egan, as Transportation Commissioner of The State of New York, et al., Respondents

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

January 30, 1996

We agree with the IAS Court that petitioner failed to make out a prima facie case of either age discrimination or retaliation. In any event, respondents' contemporaneous, documentary evidence of petitioner's unsatisfactory performance in the probationary title rebutted the purported evidence of bad faith, and sufficed to establish as a matter of law that petitioner's demotion was in good faith (see, Matter of Cohen v Koehler, 82 N.Y.2d 882<...

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