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HORNE v. NEW YORK STATE DEPARTMENT OF HEALTH

287 A.D.2d 940 (2001)

731 N.Y.S.2d 781

JAMES HORNE, Appellant, v. NEW YORK STATE DEPARTMENT OF HEALTH, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided October 25, 2001.

Mugglin, J.

Plaintiff, a plastic surgeon, instituted this action asserting a human rights violation under Executive Law § 296. His contention is that defendant, by revoking his license to practice medicine, discriminated against him because of his disability stemming from adult Attention Deficit Disorder (hereinafter ADD). Following joinder of issue, defendant moved for summary judgment dismissing the complaint. Defendant...

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