C. v. New York State and Local Retir

Filing 21

FORM C, on behalf of Appellant Mary Jo C., FILED. Service date 06/22/2011 by CM/ECF.[321927] [11-2215]

ADDENDUM B

ISSUES PROPOSED TO BE RAISED ON APPEAL
1.

Does a waiver of the time requirements for filing for

disability retirement benefits under state law constitute a
reasonable accommodation under the Americans with Disabilities
Act?
2.

Does Title I1 of the Americans with Disabilities Act

cover employment claims filed against a local government?
APPLICABLE APPELATE STANDARDS OF REVIEW
1.

The standard of review governing the first issue is d e

novo as it involves a determination of a motion to dismiss on

Eleventh Amendment grounds.
Coalition

S e e S t a t e Emples . B a r g a i n i n g A g e n t

v. Rowland, 494 F.3d 71, 95 (2d Cir. 2007). The

standard of review governing the second issue is also d e n o v o as
it involves a review of a granting of a motion to dismiss
pursuant to Fed.R.Civ.P. 12 (b)(6).
the C i t y Sch. D i s t . o f N . Y . ,

Matson v . Bd. o f Educ. O f

631 F.3d 57, 63 (2d Cir. 2011).