PEMBROKE v. NEW YORK STATE OFFICE OF COURT ADMINISTRATION


306 A.D.2d 185 (2003)

761 N.Y.S.2d 214

JAMES PEMBROKE, Appellant, v. NEW YORK STATE OFFICE OF COURT ADMINISTRATION, Respondent.

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

Decided June 24, 2003.


At the time of the alleged discrimination in 1995, Executive Law § 292 (former [21]), with respect to employment discrimination, limited the term "disability" to physical, medical or mental impairments that "do not prevent the complainant from performing in a reasonable manner the activities involved in the job." Defendant amply demonstrates that plaintiff was unable to perform his duties in a reasonable manner. Accordingly, any inference of discrimination is refuted...

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