Defendants appeal from an order of the Civil Court, New York County (Jeffrey K. Oing, J.), entered October 4, 2004, which denied their motion for summary judgment dismissing the complaint.

PER CURIAM:

Order (Jeffrey K. Oing, J.), entered October 4, 2004, reversed, with $10 costs, motion granted, and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Assuming that plaintiff established a prima facie case of discrimination in violation of the New York Human Rights Law (Executive Law § 296), she failed to raise an issue of fact as to whether defendants' legitimate nondiscriminatory reason for reassigning her was pretextual. In this regard, plaintiff had to raise a question of fact concerning "either the falsity of [defendants'] proffered basis for the [reassignment] or that discrimination was more likely the real reason" (Ferrante v American Lung Association, 90 NY2d 623, 631 [1997]; see also Dickerson v Health Management Corp., 21 AD3d 326 [2005]; Mete v N.Y. State Office of Mental Retardation and Developmental Disabilities, 21 AD3d 288 [2005]; Jefferies v New York City Housing Authority, 8 AD3d 178 [2004]). Plaintiff offered no evidence that defendant's claims concerning her absenteeism and poor job performance were false, contrived or pretextual.

This constitutes the decision and order of the court.
Decision Date: December 13, 2005