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CAPOBIANCO v. CITY OF NEW YORK

Docket No. 04-3230-CV.

422 F.3d 47 (2005)

Anthony P. CAPOBIANCO, Jr., Plaintiff-Appellant, v. CITY OF NEW YORK and New York City Department of Sanitation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 1, 2005.

Attorney(s) appearing for the Case

Daniel F. De Vita, Esq., Garden City, New York, for Plaintiff-Appellant.

Peter Rahbar, Esq., Proskauer Rose LLP, New York, New York (Michael A. Cardozo, Corporation Counsel of the City of New York, and Kristin M. Helmers, Assistant Corporation Counsel, on the brief), for Defendants-Appellees.

Before: POOLER and SOTOMAYOR, Circuit Judges, and CHIN, District Judge.

CHIN, District Judge.

In this case, plaintiff-appellant Anthony P. Capobianco, Jr. was employed as a New York City sanitation worker. He suffers from "congenital stationary night blindness," which prevents him from driving at night and makes it difficult for him to see and function in dim light. The New York City Department of Sanitation ("DOS") fired him, at least in part, as a jury could find, because of the limitations imposed by his medical condition.

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