Bellamy v. City of New York

Appellate Division of the Supreme Court of New York

Bellamy v. City of New York

14 A.D.3d 462, 788 N.Y.S.2d 382, 2005 N.Y. App. Div. LEXIS 590

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 27, 2005

StatusPublished

Cited by4 cases

This text of 14 A.D.3d 462 (Bellamy v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bellamy v. City of New York, 14 A.D.3d 462, 788 N.Y.S.2d 382, 2005 N.Y. App. Div. LEXIS 590 (N.Y. Ct. App. 2005).

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Opinion

[463]*463Order, Supreme Court, New York County (Michael Stallman, J.), entered September 3, 2003, which, in this employment discrimination action, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to rebut sufficiently the evidence demonstrating that he was not qualified to become a New York City police officer because he was incapable of reasonably performing the essential functions of the job due to his medical condition. Defendants performed an individualized assessment, and based on their review of plaintiffs medical records, they properly disqualified him (cf. Matter of Miller v Ravitch, 60 NY2d 527 [1983]). The fact that plaintiff claims he served as a police officer with the United States Postal Service and performed adequately in that job does not create an issue of fact as to whether he can perform the functions of a New York City police officer (see McCarthy v Nassau County, 208 AD2d 810, 812 [1994]). Based on the foregoing, plaintiffs medical disqualification did not constitute unlawful discrimination in violation of the state Human Rights Law (Executive Law § 296 [1] [a]). Concur—Tom, J.P., Mazzarelli, Friedman, Gonzalez and Sweeny, JJ.

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[463]*463Order, Supreme Court, New York County (Michael Stallman, J.), entered September 3, 2003, which, in this employment discrimination action, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to rebut sufficiently the evidence demonstrating that he was not qualified to become a New York City police officer because he was incapable of reasonably performing the essential functions of the job due to his medical condition. Defendants performed an individualized assessment, and based on their review of plaintiffs medical records, they properly disqualified him (cf. Matter of Miller v Ravitch, 60 NY2d 527 [1983]). The fact that plaintiff claims he served as a police officer with the United States Postal Service and performed adequately in that job does not create an issue of fact as to whether he can perform the functions of a New York City police officer (see McCarthy v Nassau County, 208 AD2d 810, 812 [1994]). Based on the foregoing, plaintiffs medical disqualification did not constitute unlawful discrimination in violation of the state Human Rights Law (Executive Law § 296 [1] [a]). Concur—Tom, J.P., Mazzarelli, Friedman, Gonzalez and Sweeny, JJ.

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14 A.D.3d 462, 788 N.Y.S.2d 382, 2005 N.Y. App. Div. LEXIS 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellamy-v-city-of-new-york-nyappdiv-2005.

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