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Judge Conner http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46093 FORMER TOWN of Wallkill police officer sought compensatory and punitive damages, claiming, among other things, that town defendants violated the Americans With Disabilities Act (ADA) and the New York State Human Rights Law (NYHRL) by failing to reasonably accommodate his disability by providing him with light-duty assignments and by terminating his benefits. Defendants argued that plaintiff is physically unable to perform the essential duties of a police officer and therefore is not a “qualified individual with a disability.” Plaintiff claimed that there is a genuine issue of material fact about his medical condition and ability to perform any police work, including light-duty assignments. The court concluded that there is a fact issue as to whether plaintiff was a qualified employee at the time of his termination. The court, however, determined that plaintiff’s request for a permanent light-duty assignment fails because the record shows that these positions do not exist in the town’s police department.

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