McAnuff v. City of New York

Full title: PETER McANUFF, Respondent, v. CITY OF NEW YORK et al., Appellants

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 22, 1994

209 A.D.2d 326 (N.Y. App. Div. 1994)

619 N.Y.S.2d 17

Opinion

November 22, 1994

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).

We agree with the IAS Court that plaintiff, a police officer retired on ordinary disability because he is missing the left index finger on his non-dominant hand, proffered sufficient evidence that he has a disability within the meaning of the Federal Rehabilitation Act ( 29 U.S.C. § 701 et seq.) and the State Human Rights Law (Executive Law § 290 et seq.), and raised questions of fact whether he is "otherwise qualified" within the meaning of the former ( 29 U.S.C. § 794 [a]; see, School Bd. v Arline, 480 U.S. 273; Doe v. New York Univ., 666 F.2d 761, 775-780) and capable of "performing in a reasonable manner" within the meaning of the latter (Executive Law § 292 [c]; see, State Div. of Human Rights [McDermott] v. Xerox Corp., 65 N.Y.2d 213).

We have considered defendants' other arguments and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Kupferman and Williams, JJ.