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Paul Millus Obtained Dismissal of a Hybrid Article 78 Proceeding and Plenary Action Brought Under the Americans with Disabilities Act (“ADA”)

May 2, 2016Employment Law

Paul Millus obtained dismissal of a hybrid Article 78 proceeding and plenary action brought under the Americans with Disabilities Act (“ADA”) which also sought an Order seeking to reinstate Petitioner to the Touro College of Osteopathic Medicine Program, reimbursement of past tuition paid, special damages for lost earnings and emotional distress. Justice Alice Schlesinger, Supreme Court, New York County, determined that, in response to the Article 78 proceeding, Touro’s decision to dismiss Petitioner from the Osteopathic Program was rational and the extension of any deadline for Petitioner to complete her studies would impose an undue hardship on its operation. As for the complaint under the ADA, the Court agreed that an educational institution is not required to lower or effect substantial modifications or standards to accommodate a disabled persons and determined that Touro had a legitimate basis for not granting an extension to Petitioner and did not discriminate against her on the basis of a disability, thus, dismissing the ADA claim as well.