​Christopher Priore (Partner-Albany, NY)​ prevailed for the firm’s client, the New York State Department of Corrections and Community Supervision (DOCCS), before the New York State Appellate Division, Second Department, the court reversing the Queens County Supreme Court’s denial of our client’s motion for summary judgment in May 2024. The plaintiff, a former DOCCS employee, sued the State of New York and the DOCCS, alleging disability discrimination and retaliation under the New York State Human Rights Law. The plaintiff claimed our client failed to provide him with a reasonable accommodation, specifically light duty, and retaliated against him for filing a grievance over his termination.

On appeal, Chris argued that the DOCCS had a legitimate, nondiscriminatory basis for termination and that the plaintiff could not show pretext. The record showed the plaintiff was documented as 66.67 percent disabled, while DOCCS policy requires an employee seeking light duty to be less than 50 percent disabled ‒ meaning accommodation would have required the agency to violate its own internal policy. The Appellate Division agreed in full. The court held that the plaintiff failed to raise a triable issue of fact as to pretext on either the discrimination or retaliation claims and further found that accommodation would have imposed an undue hardship on the DOCCS, given its internal policy requirements. The court unanimously reversed the lower court's order, granted summary judgment in DOCCS’s favor, dismissed the complaint in its entirety, and awarded costs.