MARY JO C. v. N.Y. STATE AND LOCAL RETIREMENT SYS.

Docket No. 11-2215.

707 F.3d 144 (2013)

MARY JO C., Plaintiff-Appellant, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, Central Islip Public Library, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 29, 2013.


Attorney(s) appearing for the Case

William M. Brooks , Mental Disability Law Clinic, Touro College , Jacob D. Fuchsberg Law Center, Central Islip, NY, for Plaintiff-Appellant.

Cecelia C. Chang , Deputy Solicitor General, ( Barbara D. Underwood , Solicitor General, Laura R. Johnson , Assistant Solicitor General, of counsel, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, New York, NY, for Defendant-Appellee New York State and Local Retirement System.

Laura L. Shockley , ( William M. Savino , Harris J. Zakarin , on the brief), Rivkin Radler LLP, Uniondale, NY, for Defendant-Appellee Central Islip Public Library.

Sasha Samberg-Champion , ( Jessica Dunsay Silver , on the brief), Department of Justice, Civil Rights Division, Appellate Section, for Thomas E. Perez, Assistant Attorney General, Washington, DC, for Amicus Curiae United States Department of Justice.

Jo Anne Simon , Jo Anne Simon P.C., Brooklyn, NY, for Amici Curiae Disability Advocates, Inc., DRVT, National Disability Rights Network, and State of Connecticut Office of Protection and Advocacy for Persons with Disabilities.

Before: SACK, RAGGI, Circuit Judges, and SWAIN, District Judge.


SACK, Circuit Judge:

The plaintiff alleges that her job as a librarian at the Central Islip Public Library (the "Library") was terminated because of behavior symptomatic of her chronic mental illness. Although she alleges that she would have been eligible for disability retirement benefits under New York State law, her mental illness interfered with her ability to comply with New York State law's strictly enforced filing...

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