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FINK v. NEW YORK CITY DEPT. OF PERSONNEL

No. 1055, Docket 94-7699.

53 F.3d 565 (1995)

Howard FINK and Lucia Marett, Plaintiffs-Appellants, v. NEW YORK CITY DEPARTMENT OF PERSONNEL, New York City Human Resources Administration and Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 19, 1995.

Attorney(s) appearing for the Case

Jeffrey L. Kreisberg, New York City (Kreisberg & Maitland and Barry M. Benjamin, of counsel), for plaintiffs-appellants.

Margaret G. King, Asst. Corp. Counsel of City of New York, New York City (Paul A. Crotty, Corp. Counsel, and Barry P. Schwartz, of counsel), for defendants-appellees.

Karen M. Moran, Washington, DC (James R. Neely, Jr., Gwendolyn Young Reams, Vincent J. Blackwood, Samuel A. Marcosson, E.E.O.C., Washington, DC, and Deval L. Patrick, David K. Flynn, Gregory B. Friel, Dept. of Justice, Washington, DC, on the brief), amicus curiae.

Before: WINTER and LEVAL, Circuit Judges, and SAND, District Judge.

LEVAL, Circuit Judge:

Appellants Howard Fink and Lucia Marett, who are visually impaired employees of the New York City Human Resources Administration ("HRA"), brought this action alleging that the New York City Department of Personnel and the New York City Human Resources Administration, Department of Social Services, violated § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a), by failing to make accommodation for their disabilities during the...

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