NEW YORK (AP) — A state appeals court dismissed a $50 million lawsuit May 29 filed by a former New York Yankees clubhouse worker who claimed he was the target of gay-bashing by players and was fired because he has the AIDS virus.

The 5-0 decision by the State Supreme Court’s Appellate Division reversed a lower court ruling that had let most of Paul Priore’s claims survive for trial.

Priore, 39, sued the Yankees in State Supreme Court in the Bronx in 1998, alleging that after he began working for the team in 1996 several players made anti-gay remarks and played cruel pranks on him because of his sexual orientation.

The lawsuit named the Yankees, relief pitchers Mariano Rivera and Jeff Nelson, and former reliever Bob Wickman as defendants. Wickman is now with the Cleveland Indians.

Priore, who was a $30-a-day assistant equipment manager, also claimed that after team officials learned that he was HIV-positive, they fired him Aug. 1, 1997, although the condition had no effect on his ability to perform his duties.

The Yankees countered that Priore was fired largely because they considered him a thief. Team officials said he had stolen T-shirts (of the type worn only by players), baseballs, and broken bats that were to be disposed of.

In dismissing the lawsuit, the appeals court said there was no evidence that team officials knew that Priore had the AIDS virus. They noted that the team dentist, who had treated Priore, and the team orthopedic surgeon said they were unaware that he had HIV.

As for harassment and hostile work environment, the appeals court said no evidence exists that Priore ever complained of these things to the team’s management. And, the court added, state law does not hold an employer liable for bias by a fellow employee who is acting without the knowledge or consent of the employer.

Priore’s lawyer, Edward J. Pavia Jr., said he was disappointed by the court’s decision and would move to reargue the case. If necessary, Pavia said, he will appeal to the State Court of Appeals in Albany.

Lon Trost, chief operating officer for the Yankees, said he had no comment.