District Court, N.D. New York September 30, 2002, 1:01-cv-00073 (Aiken v. Nixon)

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MEMORANDUM — DECISION & ORDER

MCAVOY, District Judge.

I. INTRODUCTION

This is an action brought pursuant to Title II of the Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12101,

et seq.;

§ 504 of the Rehabilitation Act of 1973 (the “Rehabilitation Act” or “ § 504”), 29 U.S.C. § 794,

et seq.;

42 U.S.C.