Silver v. City of New York Department of Homeless Services

Appellate Division of the Supreme Court of New York

Silver v. City of New York Department of Homeless Services

115 A.D.3d 485, 981 N.Y.S.2d 533

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

DecidedMarch 11, 2014

StatusPublished

This text of 115 A.D.3d 485 (Silver v. City of New York Department of Homeless Services) 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.

Bluebook

Silver v. City of New York Department of Homeless Services, 115 A.D.3d 485, 981 N.Y.S.2d 533 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, New York County (Barbara Jaffe, J), entered September 24, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established that the denial of plaintiffs request to be reassigned to a certain work location did not constitute a refusal to make a reasonable accommodation for plaintiffs disability (see Executive Law § 296; Administrative Code of City of NY § 8-107). There was no position available at the location [486]*486plaintiff desired, and in any event, “an employer is not obligated to provide the disabled employee with [an] accommodation that the employee requests or prefers” (Pimentel v Citibank, N.A., 29 AD3d 141, 148 [1st Dept 2006], lv denied 7 NY3d 707 [2006] [internal quotation marks omitted]).

We have considered plaintiffs remaining arguments and find them unavailing.

Concur — Mazzarelli, J.E, Sweeny, DeGrasse, Manzanet-Daniels and Gische, JJ.

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Order, Supreme Court, New York County (Barbara Jaffe, J), entered September 24, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established that the denial of plaintiffs request to be reassigned to a certain work location did not constitute a refusal to make a reasonable accommodation for plaintiffs disability (see Executive Law § 296; Administrative Code of City of NY § 8-107). There was no position available at the location [486]*486plaintiff desired, and in any event, “an employer is not obligated to provide the disabled employee with [an] accommodation that the employee requests or prefers” (Pimentel v Citibank, N.A., 29 AD3d 141, 148 [1st Dept 2006], lv denied 7 NY3d 707 [2006] [internal quotation marks omitted]).

We have considered plaintiffs remaining arguments and find them unavailing.

Concur — Mazzarelli, J.E, Sweeny, DeGrasse, Manzanet-Daniels and Gische, JJ.

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Bluebook (online)

115 A.D.3d 485, 981 N.Y.S.2d 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silver-v-city-of-new-york-department-of-homeless-services-nyappdiv-2014.

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