Jochelman v. New York State Banking Department

Judgment, Supreme Court, New York County (Kibbie F. Payne, J), entered September 7, 2007, which, in a CPLR article 78 proceeding seeking to annul respondents’ determination denying petitioner a promotion to the position of principal bank examiner I, granted respondents’ cross motion to dismiss the petition as a matter of law, unanimously reversed, on the law, without costs, to the extent that the petition seeks damages under the Americans with Disabilities Act (ADA), the ADA claim reinstated and deemed to be brought in the form of a plenary action, and the remainder of the appeal dismissed as…