IN RE: Frances V. RAPPO (2008)

Determination of respondent State Division of Human Rights, dated April 3, 2007, which dismissed petitioner's employment discrimination claims, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Rolando Acosta, J.], entered on or about September 17, 2007), dismissed, without costs.

To the extent petitioner pro se claims that her former employer, New York City Human Resources Administration (HRA), failed to reasonably accommodate her disability, this claim must fail, because at the time she made her request, Executive Law § 292(21) did not require an employer to provide “reasonable accommodations” (see Riddick v. City of New York, 4 A.D.3d 242, 247, 772 N.Y.S.2d 294 [2004] ).   In any event, substantial evidence supports the determination that HRA was not required to provide petitioner with a job transfer as a reasonable accommodation, since petitioner failed to demonstrate that she could not perform the essential duties of her job and that she would be able to perform the essential duties of another job (see Pimentel v. Citibank, N.A., 29 A.D.3d 141, 147-148, 811 N.Y.S.2d 381 [2006], lv. denied 7 N.Y.3d 707, 821 N.Y.S.2d 813, 854 N.E.2d 1277 [2006];  Pembroke v. New York State Off. of Ct. Admin., 306 A.D.2d 185, 761 N.Y.S.2d 214 [2003] ).

We have considered petitioner's remaining arguments and find them unavailing.