
    In the Matter of New York State Office of Mental Retardation and Developmental Disabilities, Respondent, v New York State Division of Human Rights, Appellant, and Peter Ramos, Complainant.
    Decided September 12, 1991
    
      APPEARANCES OF COUNSEL
    
      Rosamond Prosterman and Lawrence Kunin for appellant.
    
      Robert J. Foody and Paul R. Kietzman for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment reversed, with costs, for the reasons stated in the dissenting memorandum by Presiding Justice A. Franklin Mahoney insofar as it addresses the issue of substantial evidence to support the Commissioner’s finding of employment discrimination (168 AD2d 714, 716-717), and the matter remitted to the Appellate Division, Third Department, for further proceedings on the issue of damages for mental anguish and humiliation in accordance with Matter of New York City Tr. Auth. v State Div. of Human Rights (78 NY2d 207).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.  