Rastogi v. New York State Office of Mental Health

In an action, inter alia, to recover damages for employment discrimination pursuant to Executive Law § 296, the plaintiff appeals from an order of the Supreme Court, Queens County (Price, J.), dated February 19, 2004, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In response to the plaintiff’s allegations of discrimination based on his disability set forth in his complaint, the defendants offered evidence that the plaintiffs work schedule was modified for a legitimate nondiscriminatory reason, thereby making…