New York State Office of Mental Retardation & Developmental Disabilities v. New York State Division of Human Rights

Mahoney, P. J., and Levine, J.,

dissent in a memorandum by Mahoney, P. J. Mahoney, P. J. (dissenting). We respectfully dissent. Dr. Antero Lacot, upon whose medical report the majority relies, was not a cardiologist, had no special training in cardiology and did not perform an exhaustive examination of respondent Peter Ramos (hereinafter respondent). For example, no stress test was performed on respondent. On the other hand, Dr. Richard Devereux, a cardiologist who performed an extensive examination of respondent, reported that respondent would have no difficulty discharging the duties of his…