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MAKINEN v. CITY OF NEW YORK

Docket Nos. 16-973-cv(L), 16-1080-cv(XAP) August Term, 2016.

857 F.3d 491 (2017)

Kathleen MAKINEN, Jamie Nardini, Plaintiffs-Appellees-Cross-Appellants, v. CITY OF NEW YORK, Raymond W. Kelly, as Police Commissioner of the City of New York, Daniel J. Sweeney, individually and in his official capacity, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 22, 2017.

Attorney(s) appearing for the Case

LISA F. JOSLIN , Gleason, Dunn, Walsh & O'Shea, Albany, NY, for Plaintiffs-Appellees-Cross-Appellants.

KATHY CHANG PARK ( Richard Dearing and Devin Slack , on the brief), for Zachary W. Carter , Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellants-Cross-Appellees.

Before: SACK, LIVINGSTON, and LOHIER, Circuit Judges.

In this disability discrimination case we consider a provision of the New York City Human Rights Law ("NYCHRL") that, as relevant to this appeal, defines the term "disability" in a way that excludes alcoholics who are not "recovered" or "recovering" from the protection of the statute. See N.Y.C. Admin...

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