Legal Opinion

Howard Fink and Lucia Marett v. New York City Department of Personnel, New York City Human Resources Administration and Department of Social Services

Court of Appeals for the Second Circuit

Decided May 19, 1995No. 1055, Docket 94-7699PublishedCited by 63 opinions

1Opinion of the Court

LEVAL, Circuit Judge:

Appellants Howard Fink and Lucia Mar-ett, who are visually impaired employees of the New York City Human Resources Administration (“HRA”), brought this action alleging that the New York City Department of Personnel and the New York City Human Resources Administration, Department of Social Services, violated § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a), by failing to make accommodation for their disabilities during the administration of a civil service promotional examination, with the result that plaintiffs failed the exam.

The United States District Court…

2Cases cited4 opinions

  1. Southeastern Community College v. DavisSupreme Court of the United States · 1979
  2. Alexander v. ChoateSupreme Court of the United States · 1985
  3. Leroy Gilbert v. Anthony M. Frank, in His Capacity as Postmaster General of the United States Postal ServiceCourt of Appeals for the Second Circuit · 1991
  4. Harold E. Carter v. William Bennett, Secretary, U.S. Department of EducationCourt of Appeals for the D.C. Circuit · 1988

3Cited by63 opinions

  1. McElwee v. County of OrangeCourt of Appeals for the Second Circuit · 2012
  2. Noll v. International Business Machines Corp.Court of Appeals for the Second Circuit · 2015
  3. Dean v. University at Buffalo School of Medicine & Biomedical SciencesCourt of Appeals for the Second Circuit · 2015
  4. Morales v. New YorkDistrict Court, S.D. New York · 2014
  5. Steve R. Hansen v. William J. Henderson, Postmaster GeneralCourt of Appeals for the Seventh Circuit · 2000

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