MATTER OF KUSHNIR v. NEW YORK STATE DIVISION

The determination of the New York State Division of Human Rights that petitioner was not denied a promotion because of her religion or creed was supported by substantial evidence (see, Executive Law § 298; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176; cf. State Div. of Human Rights v Kilian Mfg. Corp., 35 N.Y.2d 201, appeal dismissed 420 U.S. 915). Additionally, petitioner was given a full and fair opportunity to present evidence on her behalf and to rebut the evidence presented by the respondent employer but she failed to produce any supportive evidence. Furthermore, it is within the discretion of the Division of Human Rights to decide the method or methods to be employed in investigating complaints of discrimination; thus there was no need to hold a conference in this case (see, Matter of Shepard v McCall, 112 A.D.2d 239; Soellner v State Div. of Human Rights, 100 A.D.2d 876, 877; Brown v State Human Rights Appeal Bd., 73 A.D.2d 606, 607). Mollen, P.J., Lazer, Weinstein and Rubin, JJ., concur.