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KILCULLEN v. NEW YORK STATE DEPT. OF LABOR

Docket No. 99-7208.

205 F.3d 77 (2000)

Joseph C. KILCULLEN, Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF LABOR, Defendant-Appellee, United States of America, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: February 24, 2000.

Attorney(s) appearing for the Case

Joseph Hein, Altamont, NY, for Plaintiff-Appellant,

Andrea Oser, Assistant Attorney General, New York State, Albany, N.Y. (Eliot Spitzer, Attorney General, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General on the brief), for Defendant-Appellee.

Seth M. Galanter, Department of Justice, Washington, DC (Bill Lann Lee, Acting Assistant Attorney General and Jessica Dunsay Silver on the brief), for Intervenor.

Before: KEARSE, LEVAL, and CABRANES, Circuit Judges.

LEVAL, Circuit Judge:

Plaintiff appeals from a decision of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge) dismissing for lack of subject matter jurisdiction a lawsuit he had filed against the New York State Department of Labor seeking damages under the ADA, 42 U.S.C. §§ 12101, et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a). In reaching its decision, the district court held that...

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