Second Circuit Granted ADA Accommodations for Marc Fishman — New York Courts Refused to Provide Them

November 19, 2025 – New York, NY — Disability-rights advocates and court-access reform groups are sharply criticizing the New York Court of Appeals after Judge Anthony Cannataro issued an order dismissing disabled father Marc Fishman’s bid for appellate review, despite a federal ADA accommodation order confirming Fishman’s communications disability.

Fishman previously obtained a federal disability-access ruling in Fishman v. Office of Court Administration, et al., Second Circuit Case No. 20-1300, in which the U.S. Court of Appeals for the Second Circuit formally granted his motion for reasonable accommodation for a communications disability. The court directed that arrangements be made to provide the necessary accommodation.
(Order signed July 16, 2021, by Catherine O’Hagan Wolfe, Clerk of Court.)

Yet in Westchester County criminal and family-related proceedings, state courts repeatedly failed to provide comparable ADA accommodations. For years, Fishman was unable to hear or understand testimony in real time, impairing his ability to defend himself and participate meaningfully in his case.

Despite these undisputed disability-access issues and the existence of a federal ADA accommodation order, Judge Cannataro dismissed Fishman’s application for leave to appeal, writing that the order below was “not appealable under CPL §450.90(1).” The Court of Appeals did not address the ADA violations, the Second Circuit’s order, or the impact of these failures on the fairness of Fishman’s proceedings.

“Judge Cannataro’s ruling signals a disturbing reality: disabled New Yorkers can secure ADA accommodations in federal court, yet still be denied those same accommodations in state court—and then denied any avenue to appeal,” said a spokesperson for the REBUILT Justice Project and Father & Co. “This is how structural discrimination works.”

Federal ADA Order Acknowledged Disability — State Courts Ignored It

In its 2021 order, the Second Circuit granted Fishman’s motion seeking reasonable accommodation for his communications disability during his federal appeal.
(Fishman v. OCA, No. 20-1300, Order of July 16, 2021.)

Fishman’s state-court requests for accommodations mirrored the needs recognized by the federal court: real-time transcription, communication access, and support for auditory processing limitations.

Despite this federal recognition:

• Westchester County failed to provide the accommodations.
• Fishman could not hear or understand major portions of hearings.
• His ability to present a defense was severely impaired.

Fishman’s appeal also raised:

• Withheld exculpatory audio/video evidence
• Police misconduct findings by the NY Attorney General’s LEMIO office
• Conflicts of interest and procedural irregularities
• A 45-day jail sentence tied to a case compromised by ADA violations

Judge Cannataro’s dismissal allowed none of these issues to be reviewed.

Advocates Call Attention to Cannataro’s Pattern in Disability-Related Cases

Disability-rights advocates point to Judge Cannataro’s prior opinions, including the 2022 Matter of Mental Hygiene Legal Serv. v. Delaney, which drew criticism from The Arc of New York and the Autistic Self Advocacy Network for narrowing protections for disabled individuals.

“Cannataro’s decision in the Fishman case reflects a broader judicial posture that treats disability accommodations as optional—even when a federal court has already recognized the disability,” said the advocacy coalition.
“New York’s highest court cannot refuse to hear ADA violations without causing profound civil-rights harm.”

A Structural Failure in New York’s Appellate System

Under CPL 450.90, the Court of Appeals may hear only a narrow class of intermediate appellate orders. ADA violations, access-to-justice concerns, and disability-related barriers are not reviewable, leaving disabled litigants with no state-level remedy—even when a federal appeals court has acknowledged the disability.

“This is discrimination baked into the architecture of New York law,” the coalition said. “Disabled people are being denied access to the courts at the trial level and denied the ability to challenge that denial at the appellate level. The system is closed.”

Fishman Responds

Fishman issued a statement following the denial:

“The Second Circuit recognized my disability and granted my ADA request. Westchester courts ignored it. And now Judge Cannataro says the Court of Appeals can’t even review what happened. Disabled litigants have nowhere to go in this system.”

Fishman plans to continue pursuing federal ADA and constitutional claims.

Advocates Demand Legislative Reform

The coalition urges New York lawmakers to:

1. Amend CPL 450.90 to allow appeals involving ADA violations and access-to-justice issues.
2. Require state courts to honor disability-accommodation determinations issued by federal courts.
3. Establish independent oversight for ADA compliance in New York courts.
4. Review all cases involving officers with documented patterns of misconduct, including Fishman’s arresting officer.

“Judge Cannataro’s decision is not an isolated problem,” advocates warn. “It is the inevitable outcome of a system designed to prevent review of disability discrimination.”