SAMPER v. UNIVERSITY OF ROCHESTER

Order and judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court should not have dismissed plaintiffs' cause of action alleging discrimination under Civil Rights Law §§ 40-c and 40-d against defendants University of Rochester, Strong Memorial Hospital, and Ronald A. Gabel, M.D. Since plaintiffs alleged sufficient facts to sustain a cause of action under the Human Rights Law (Executive Law § 296 [a]) against these defendants, the cause of action under the Civil Rights Law must likewise be sustained (see, People v. Hamilton, 125 A.D.2d 1000, 1001).