Matter of Rappo v New York State Div. of Human Rights

Matter of Rappo v New York State Div. of Human Rights 2008 NY Slip Op 09447 [57 AD3d 217] December 2, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

In the Matter of Frances V. Rappo, Petitioner,
v
New York State Division of Human Rights, Respondent.

—[*1] Frances V. Rappo, petitioner pro se.

Determination of respondent State Division of Human Rights, dated April 3, 2007, which dismissed petitioner's employment discrimination claims, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Rolando Acosta, J.], entered on or about September 17, 2007), dismissed, without costs.

To the extent petitioner pro se claims that her former employer, New York City Human Resources Administration (HRA), failed to reasonably accommodate her disability, this claim must fail, because at the time she made her request, Executive Law § 292 (21) did not require an employer to provide "reasonable accommodations" (see Riddick v City of New York, 4 AD3d 242, 247 [2004]). In any event, substantial evidence supports the determination that HRA was not required to provide petitioner with a job transfer as a reasonable accommodation, since petitioner failed to demonstrate that she could not perform the essential duties of her job and that she would be able to perform the essential duties of another job (see Pimentel v Citibank, N.A., 29 AD3d 141, 147-148 [2006], lv denied 7 NY3d 707 [2006]; Pembroke v New York State Off. of Ct. Admin., 306 AD2d 185 [2003]).

We have considered petitioner's remaining arguments and find them unavailing. Concur—Mazzarelli, J.P., Saxe, Catterson, Renwick and Freedman, JJ.