Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered January 13, 2011, which granted defendant's motion for summary judgment dismissing the complaint.

Per curiam.
Order (Jeffrey K. Oing, J.), entered January 13, 2011, affirmed, with $10 costs.

The action, alleging unlawful employment discrimination based on plaintiff's disability, was properly dismissed on defendant's summary judgment motion. Defendant demonstrated, prima facie, that it terminated plaintiff's employment for legitimate, nondiscriminatory reasons (see Forrest v Jewish Guild for the Blind, 3 NY3d 295, 305 [2004]; Bendeck v NYU Hosp. Ctr., 77 AD3d 552, 553 [2010]), and, in response, plaintiff failed "to raise a question of fact concerning either the falsity of defendant's proffered basis for the termination or that discrimination was more likely the real reason" (Ferrante v American Lung Assn., 90 NY2d 623, 631 [1997]; see Bennett v Health Management Systems, Inc., 92 AD3d 29 [2011]). Indeed, the record establishes that plaintiff's termination resulted from what the motion court properly characterized as his "demonstrated pattern of poor judgment, communication, and leadership," which contributed, inter alia, to a near-fatal injury to a worker under his supervision, an incident that was preceded by more than a year of progressive disciplinary actions justifiably taken against plaintiff by his supervisors (see Koester v New York Blood Ctr., 55 AD3d 447 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 26, 2012