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MATTER OF NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

520412.

137 A.D.3d 1512 (2016)

29 N.Y.S.3d 558

2016 NY Slip Op 02493

In the Matter of NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent, et al., Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 31, 2016.

Kenneth W. Howarth suffered from neurocardiogenic syncope, a condition that caused him to occasionally faint while performing his duties as a correction officer employed by petitioner. Howarth fainted as he left work in his car in July 1994, causing an accident, and petitioner placed him on involuntary leave pending a medical examination...

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