MATTER OF TIMES MIRROR MAGAZINES, INC. v. HOUGHTON


268 A.D.2d 355 (2000)

702 N.Y.S.2d 265

In the Matter of TIMES MIRROR MAGAZINES, INC., Petitioner, v. CAROLYN F. HOUGHTON et al., Respondents.

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

Decided January 25, 2000.


Respondent Commissioner's determination that complainant was improperly terminated due to her age is not supported by "sufficient evidence on the record considered as a whole" (Executive Law § 298). To the contrary, the record tends to establish, as her employer asserts, that she was terminated for failure to meet her employer's reasonable expectations, and not due to age discrimination. Complainant, 54 years old at the time and a salesperson of advertising space for...

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