Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Since 1990, plaintiff has been an assistant professor at defendant college. Plaintiff is disabled from a post-polio condition. In 1993, plaintiff's application for a promotion was denied. In 1998, plaintiff commenced this action against defendant alleging violations of the Americans with Disabilities Act ([ADA] 42 USC § 12101 et seq...
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