Petitioner's failure to object to the substitution of Hearing Officers necessitated by the original Hearing Officer's retirement and to allege "extraordinary circumstances" excusing such omission, precludes review by this Court of petitioner's current claim that such substitution violated due process rights (Executive Law § 298; see also, New York City Hous. Auth. v. City of N.Y. Commn. on Human Rights, 150 A.D.2d 243, 244, lv denied 75 N.Y.2d 703). In any event, such substitution is authorized by statute (State Administrative Procedure Act § 303), and petitioner has failed to show substantial prejudice that would render the substitution herein fundamentally unfair (ibid).
Petitioner's specific claims of discriminatory employment practices are time-barred by the one-year statutory time limit within which such claims must be brought (Executive Law § 297). In any event, respondents' findings that petitioner was not denied employment promotion due to age and/or sex discrimination are fully supported by substantial evidence on the record considered as a whole (see, State Div. of Human Rights v Syracuse City Teachers Assn., 66 A.D.2d 56, 59). Also duly supported by the record are respondents' findings that petitioner's voluntary resignation obviated any claim of legal entitlement to either a former position or a promotional position (see, Matter of McGill v. D'Ambrose, 58 A.D.2d 604). In this regard, petitioner's claim of constructive discharge is unsupported by any hearing testimony, which clearly did not compel a finding of deliberate actions on the part of petitioner's employer to make her working conditions so intolerable that a reasonable person in her position would feel compelled to resign (see, Pena v. Brattleboro Retreat, 702 F.2d 322, 325).
Concur — Sullivan, J.P., Carro, Wallach and Kupferman, JJ.