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NICHOLS v. MEMORIAL SLOAN-KETTERING CANCER CENTER

36 A.D.3d 426 (2007)

829 N.Y.S.2d 22

BRENNA NICHOLS, Appellant, v. MEMORIAL SLOAN-KETTERING CANCER CENTER et al., Respondents.

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

Decided January 4, 2007.

Plaintiff's failure-to-accommodate claim was properly dismissed because, at the time she made her request for a reasonable accommodation, she was not suffering from a "disability," as that term is defined in New York Executive Law § 292 (21). Indeed, according to plaintiff's own testimony, her cancer had been eradicated and she had ceased oncological treatment some 21 months before her request for a reduction in work hours (see Sirota v New York City Bd. of Educ....

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