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Commite v. Yen

Age Not Shown a Factor in Decision Not to Hire Disabled Man as Assistant Professor

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MEMORANDUM-DECISION AND ORDERI. INTRODUCTION  On September 1, 2017, Plaintiff Bruce Committe filed the amended complaint in this employment discrimination action against Defendants David C. Yen, Michael McAvoy, Deno Charlene, Lisa Flynn, and John and Jane Does. See Dkt. No. 9. On December 14, 2017, Defendants filed a motion to dismiss. See Dkt. No. 27. Plaintiff subsequently filed a motion to amend and a motion to remove the magistrate judge assigned to this case. See Dkt. Nos. 38, 39.1 For the following reasons, the motion to dismiss is granted, and Plaintiff’s motions are denied.II. BACKGROUND2Plaintiff is a sixty-six year old man with physical disabilities, including difficulty walking caused by an arthritic spine and complications from Type II diabetes. See Dkt. No. 39-1 at

16, 31. Sometime before fall 2016, Plaintiff applied for two separate positions with the State University of New York, Oneonta (“SUNY Oneonta”): a tenure track assistant professor of accounting position, and a visiting assistant professor of accounting position. See id. at1. As part of the application process, Plaintiff came to SUNY Oneonta for an interview and was required to perform a fifty minute “teaching exercise.” See id. at

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