State Division of Human Rights v. Stromberg Carlson Corp. (66 A.D.2d 991, 1978)

Determination unanimously reversed insofar as it awarded damages and otherwise confirmed, without costs, and matter remitted to State Division of Human Rights for further proceedings in accordance with the following memorandum: The commissioner’s finding that the complainant was willing and able to work until the day she gave birth is not supported by substan- . tial evidence (see SDHR [Truitt] v Stromberg Carlson, 66 AD2d 990). The matter is remitted to the division for the purpose of making an appropriate evidentiary record. (Proceeding pursuant to Executive Law, § 298.) PresentMoule, J. P., Cardamone, Simons, Dillon and Hancock, Jr., JJ.