Michael v. Dipompo v. West Point Military Academy Chief Administrative Officers of West Point Military Academy, in Individual and Official Capacities, Whose Names Are Unknown George Diaz, in His Individual and Official Capacities Edward O'connell, in His Individual and Official Capacities Michael Heller, in His Individual and Official Capacities Anthony Ferraiulo, in His Individual and Official Capacities Dr. John Francis, in His Individual and Official Capacities

960 F.2d 326 58 Empl. Prac. Dec. P 41,418 , 2 A.D. Cases 1514

Michael V. DiPOMPO, Plaintiff-Appellant, v. WEST POINT MILITARY ACADEMY; Chief Administrative Officers of West Point Military Academy, in individual and official capacities, whose names are unknown; George Diaz, in his individual and official capacities; Edward O'Connell, in his individual and official capacities; Michael Heller, in his individual and official capacities; Anthony Ferraiulo, in his individual and official capacities; Dr. John Francis, in his individual and official capacities, Defendants-Appellees.

No. 1148, Docket 91-6265.

United States Court of Appeals, Second Circuit.

Argued March 26, 1992. Decided April 6, 1992.

Kipp Elliott Watson, New York City, for plaintiff-appellant.

Gideon A. Schor, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., Gabriel W. Gorenstein, Asst. U.S. Atty., on the brief), for defendants-appellees.

Before: LUMBARD, NEWMAN, and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

1

Michael V. DiPompo appeals from the August 19, 1991, judgment of the District Court for the Southern District of New York (Michael B. Mukasey, Judge) dismissing on the merits after a bench trial his suit under section 501 of the Rehabilitation Act of 1973, 29 U.S.C. § 791 (1988). DiPompo, a firefighter who suffers from dyslexia, alleged that he was unlawfully rejected for employment as a structural firefighter at the United States Military Academy, West Point.

2

We affirm the judgment of the District Court on the well-reasoned opinion of Judge Mukasey. DiPompo v. West Point Military Academy, 770 F.Supp. 887 (S.D.N.Y.1991).