Judge Roslyn Mauskopf
Diagnosed with diabetes in 1995, New York City Department of Corrections (DOC) officer Cohen performed reliably until his health deteriorated in late 2006. From October 2006 through December 2008 he was repeatedly hospitalized due to diabetic comas. On March 7, 2008, DOC charged him with excessive use of sick leave and not providing adequate medical documentation. On Dec. 29, 2011, New York's human rights agency (SDHR) found no probable cause to believe DOC engaged in discrimination when Cohen entered a July 16, 2008, settlement agreement underlying his Nov. 20 retirement. District court dismissed Cohen's lawsuit alleging the Americans with Disabilities Act's (ADA) violation. Discussing Delaware State College v. Ricks and also Josey v. New York City Police Department, it found Cohen's ADA disability discrimination claim accrued when he agreed to retire on July 16, 2008. The date retirement became effective was irrelevant; it was only the date he experienced the effects of DOC's allegedly discriminatory conduct. Because July 16, 2008—the latest point when Cohen's ADA claim accrued—preceded his Sept. 3, 2009, charges with the SDHR—by more than 300 days, Cohen's ADA claims were untimely.
