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.