ELIZAROV v. MARTHA STEWART LIVING OMNIMEDIA INC (2007)

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered September 13, 2006, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

 Defendant offered legitimate, nondiscriminatory reasons for plaintiff's termination (see St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407 [1993];  Matter of Laverack & Haines v. New York State Div. of Human Rights, 88 N.Y.2d 734, 738, 650 N.Y.S.2d 76, 673 N.E.2d 586 [1996] ).   Plaintiff offered no evidence in response to controvert defendant's proof that economic conditions required cost-cutting, resulting in significant job layoffs, or that defendant's downsizing was contrived for the purpose of terminating him (see Alvarado v. Hotel Salisbury, Inc., 38 A.D.3d 398, 833 N.Y.S.2d 25 [2007];  Bailey v. New York Westchester Sq. Med. Ctr., 38 A.D.3d 119, 829 N.Y.S.2d 30 [2007] ).   Furthermore, because plaintiff conceded that his vacation request was granted by defendant and that he was permitted to attend religious services during his lunch hour, the court properly dismissed his “failure to accommodate” claim (see Nichols v. Memorial Sloan-Kettering Cancer Ctr., 36 A.D.3d 426, 829 N.Y.S.2d 22 [2007] ).