No. 06-5023-cv.

591 F.3d 37 (2009)

Eunice FULTON, Plaintiff-Appellant, v. Commissioner Glen S. GOORD, Department of Correctional Services, Theresa K. David, Director of Classification & Movement, Department of Correctional Services; State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 22, 2009.

Attorney(s) appearing for the Case

Samuel J. Lieberman, Bernstein Litowitz Berger & Grossman LLP, New York, NY, (Douglas F. Curtis, Shauna K. Friedman, Wilmer Culter Pickering Hale and Dorr LLP, New York, NY, on the brief), for Plaintiff-Appellant.

Kate H. Nepveu, Assistant Solicitor General, (Barbara D. Underwood, Solicitor General, Andrea Oser, Deputy Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

Before: JACOBS, Chief Judge, WALKER, and LEVAL, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge.

Eunice Fulton suffers from multiple sclerosis. Her illness prevented her from visiting her husband in an upstate New York prison, roughly 300 miles from her New York City home, as part of a state-run Inmate Visitor Program (IVP). Proceeding pro se, Fulton sued officials of the New York State Department of Correctional Services (DOCS), pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, and the Rehabilitation...

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