United States Second Circuit

In a Rehabilitation Act action based on failure to accommodate plaintiff's muscular dystrophy, dismissal of the action is affirmed where, when a plaintiff commences a civil action under 29 U.S.C. section 722(c)(5)(J), seeking review of a final decision of either a state hearing officer or a state reviewing official, district courts should apply a modified de novo standard of review, engaging in an independent review of the administrative record while according substantial deference to the policy views of the New York State Office of Vocational and Educational Services for Individuals with Disabilities and the findings of state administrative proceedings.

Appellate Information

• Argued 04/07/2010
• Decided 04/28/2010
• Published 04/28/2010

Judges

• PER CURIAM:, Before WALKER, STRAUB, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael J. Wasser, pro se, Brooklyn, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Monica Wagner, Assistant Solicitor General (Andrew M. Cuomo, Attorney General of the State of New York, on the brief, Barbara D. Underwood, Solicitor General, Michelle Aronowitz, Deputy Solicitor General, of counsel), New York, NY, for Defendants-Appellees.