Dear Heather Davis, court of appeals ada liasion and Chief court of appeals judge Wilson:

Am writing on behalf of the 5 million New Yorkers with a qualified severe disability seeking a reasonable ada accommodation that the full court of appeals consider my leave application for my disability discrimination appeal in 6293/2018.

As a severely disabled New Yorker with 8 implants, including two Neurostimulators, I have  17 major bodily disabilities including occipital neuralgia, traumatic brain injury, peripheral neuropathy, tinnitus, cubital tunnel syndrome, severe obstructive sleep apnea, tmj disorder, hallux rigidus, post concussion syndrome, cancer, hypocholesterimia, heart disease, carpal tunnel syndrome, neck injury, back injury, vertigo and knee injury.

These major bodily injuries p/impairments effect sleep, registration, cognition, hearing, thinking, eating, circulation, nerve function, vision, writing, moving, lifting, sitting, thinking, organizing, pain tolerance, walking, balance and my quality of life.

It is unthinkable that this esteemed group of seven distinguished court of appeals  judges would allow, condone and tolerate administrative disability discrimination, retaliation and failure to accommodate disabilities in its lower courts and places of public accommodation by its lowers judges and court administrators.

As federal judge roman has ruled that disability discrimination occurred in my case in federal court , case 19-cv-00265, by new rochelle , it’s government officials and police, it is unthinkable that this court would ignore my plea and ignore disability discrimination I suffered in new Rochelle and westchester county courts.

For this body of seven judges to ignore county court judge zuckerman’s denial  of real time transcription fir my hearing, vision and memory disorder is unthinkable, immoral and a real slap in the face to all disabled New Yorkers. I could not hear witnesses and all spoken words in your state court office buildings.  Your judge zuckerman…matter reviewing 39 certified medical reports confirming disability refused to provide cart /real time transcription in violation of state law s5533b.

 It took a lot for me to sue, pro Se in federal court and obtain a federal order requiring real time transcription in federal appeals court in case 20-1300 against your court system(7/26/21.) It takes a lot of my impaired body energy to write to you now.  I suffer unbelievable headache pain from my occipital neuralgia.  But……after suffering a devastating accident….(6/10/13 case 26941/ 2015 where I am alive and have another breath of air to speak, after being hit by a security van by my kids school,) I must write to you.  I must Miller you.  I must encourage you.  I must beg of you!

Please, on this anniversary of the american with disabilities act, please, please, please, PROTECT EVERY DISABLED NEW YORKER AND GRANT LEAVE OF MY ENTIRE CASE TO THE COURT OF APPEALS.  

YOU HAVE A MORAL DUTY.  DISABILITY RIGHTS ARE CUVIL RIGHTS.

Your courts must provide meaningful and effective communication to the qualified disabled New Yorkers.

I would do a real disservice to all my disabled friends that I attended physical and mental rehabilitation with who are now dead, not to beg you to make this reasonable ada accommodation and take my case.  I do not why god let’s me live while so many of my disabled friends with less disabilities have died. But, maybe it is a mission to educate, advocate and help you esteemed high court judges hear my plea and those of my disabled family.

Chief judge Wilson, my case is too important for your court to ignore.  The retaliation and punishment I have received for submitting ada accommodations and suing many of your Westchester judges in federal court must and will end.  

The esteemed state senate awarded me the commendation award in December for my advocacy to help the disabled and disabled veterans in places of public accommodations including state courts.  Your appellate court in brooklyn failed me and my disabled friends multiple times.  Chief judge of the second dept , hector lasalle, denied my appeal for real time transcription and was overruled in federal court in my case.

Please allow me to appeal.

Thank you.
Marc Fishman
Disability advocate, disabled dad, pro se, on behalf of New yorkers qualified disabled
9148373665

C: Disability Rights New York
     State senator Hoylman 
     Assemblyman Dinowitz
     NYS human rights commission
     Nyc human rights commission
     USDOJ civil rights unit
     Westchester disabled on the move
Westchester Independent Living Center
     Kim hill, ada liasion to executive branch
     Blaise gomez, news 12
     Judge mendelson, admin judge
   Courts Commitee on disability
     Mayor’s office of disability 
     Marshal project 
     Brain injury association 
     Kessler foundation
     State senator Rivera
     Congressman Torress
     Caner Demiriyak, esq
     Miriam Rocah, da