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MATTER OF WHITFIELD v. NEW YORK STATE DIV. OF HUMAN RIGHTS

684, 100002/14.

137 A.D.3d 709 (2016)

29 N.Y.S.3d 287

2016 NY Slip Op 02535

In the Matter of WADE WHITFIELD, Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.

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

Decided March 31, 2016.

Substantial evidence supports DHR's determination that petitioner did not suffer from a disability for purposes of his claim under the New York State Human Rights Law (State HRL) (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180-181 [1978]). The orthopedist who examined petitioner opined that the most petitioner could lift was 40 pounds. In his hearing testimony, however, petitioner acknowledged...

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