In Iannone v. ING Financial Services, LLC (49 AD3d 391, 392, 853 N.Y.S.2d 339 [1d Dept 2008]), the Court instructed: In the case of drug addiction, the term "disability" is applicable only to a person who is recovering or has recovered, and is currently free of such abuse; it does not include an individual who is currently engaging in the illegal use of drugs (Administrative Code of City of NY 8-102 [16] [c]). The General Regulations of the New York State Division of Human Rights similarly provide that drug addiction is a disease, and a "recovered/recovering" addict is entitled to protection under the Human Rights Law, whereas a current drug abuser is not (9 NYCRR 466.11 [h] [1]). Where the employer has knowledge of the current use of illegal drugs, the employee is not entitled by law to an accommodation for treatment, and may be terminated (9 NYCRR 466.11 [h] [4]).