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Rappo v. New York State Division of Human Rights

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 2, 2008

IN RE FRANCES V. RAPPO, PETITIONER,
v.
THE NEW YORK STATE DIVISION OF HUMAN RIGHTS, RESPONDENT.

Determination of respondent State Division of Human Rights, dated April 3, 2007, which dismissed petitioner's employment discrimination claims, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Rolando Acosta, J.], entered on or about September 17, 2007), dismissed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Catterson, Renwick, Freedman, JJ.

107670/07

To the extent petitioner pro se claims that her former employer, New York City Human Resources Administration (HRA), failed to reasonably accommodate her disability, this claim must fail, because at the time she made her request, Executive Law § 292(21) did not require an employer to provide "reasonable accommodations" (see Riddick v City of New York, 4 AD3d 242, 247 [2004]). In any event, substantial evidence supports the determination that HRA was not required to provide petitioner with a job transfer as a reasonable accommodation, since petitioner failed to demonstrate that she could not perform the essential duties of her job and that she would be able to perform the essential duties of another job (see Pimentel v Citibank, N.A., 29 AD3d 141, 147-148 [2006], lv denied 7 NY3d 707 [2006]; Pembroke v New York State Off. of Ct. Admin., 306 AD2d 185 [2003]).

We have considered petitioner's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081202

© 1992-2008 VersusLaw Inc.



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