DECISION AND ORDERI. INTRODUCTION Plaintiff Andrea Morey filed this action against Windsong Radiology Group, P.C. (“WRG”) and Karen Blatto (collectively, “Defendants”) alleging violations under the Americans with Disability Act of 1990 (“ADA”), 42 U.S.C. §12201 et seq., and the New York State Human Rights Law, Executive Law §296 et seq. Plaintiff alleges that she suffers a disability due to her height, that Defendants failed to provide a reasonable accommodation for her alleged disability, and that she was terminated because of her request for a reasonable accommodation.Presently before this Court is Defendants’ motion to dismiss Morey’s complaint in its entirety for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). (Docket No. 6). With briefing fully completed and oral argument deemed unnecessary, the Court will grant Defendants’ motion.II. BACKGROUNDThe facts alleged in the complaint are assumed to be true. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 572, 127 S. Ct. 1955, 167 L.Ed.2d 929 (2007) (“[A] judge ruling on a defendant’s motion to dismiss a complaint must accept as true all of the factual allegations contained in the complaint.” (internal quotation marks omitted)).In her Complaint, Morey alleges that she is four feet five inches tall (4’5″), “well outside of the normal range of height for adults” in the United States and in the Western District of New York. (Complaint, Docket No. 1, 9). She further alleges that her “height is a physiological, musculoskeletal condition which substantially limits one or more of her major life activities.” (Id. 10). Plaintiff began her employment with WRG in January of 2003 at its West Seneca location. (Id. 12). Her supervisor was Karen Blatto. (Id. 14). After a brief leave of absence for unrelated medical purposes, Morey returned to work at WRG’s Williamsville location around August of 2014. (Id. 21). There, she began working on fluoroscope exams, and continued to do so at that location on a regular basis. (Id.
20, 23). Morey’s height required her to use a step-stool affixed to a platform, which Defendants provided for her. (Id. 24). Morey did not ask “for any other accommodation.” (Id. 25). But she was still “not physically able to see the controls of the machine over the handle.” (Id. 26).Her inability to see the controls was never a problem, until Morey began working on hysterosalpingogram exams for women with fertility issues at WRG’s Williamsville location. (Id. 27). At some point “in or around January or February 2015,” Morey asked WRG for “a reasonable accommodation of assistance in operating the fluoroscope because of her height limitations.” (Id. 30). Morey “was told to perform the exams of which she was capable and leave the [hysterosalpingogram] exams to the other technicians,” an instruction with which Morey complied. (Id.
