A wannabe firefighter who failed a physical test three times has sued FDNY and the city to try and get a job despite his results.
Kevin Walker, 47, from Jamaica, Queens, was a 'priority hire' when he applied for a job in 2013 as he'd already sued the fire department and been given $22,500.
Although passing a qualifying exam, he failed the physical on three occasions as he didn't complete exercises and fell over several times, reports the
New York Post.
An FDNY source said: 'It's my understanding that he petitioned the court to just put him in.
'That's absurd if you've already proven . . . that you can't get it done.'
Court documents revealed that Mr Walker failed the tests during May 2013 and his first attempt left him 'grasping at the wall or handrail' while on a stair machine.
When he gave it another go a week later, Mr Walker is said to not have made it past the 20-second warm up on the stair machine as he 'fell' three times.
After this try Mr Walker said a mistake had been made and was given a final chance however he didn't finish the test in the required 10 minutes and 20 seconds.
Mr Walker sued the city in the Manhattan Supreme Court in 2016 claiming that the proctor failed him as retaliation for the earlier law suit.
Mr Walker had already sued New York in the Vulcan Society's case accusing the fire department of discriminating against minority applicants.
The case was settled in 2014 for almost $100 million and Mr Walker was given a $22,500 payout.
Manhattan Supreme Court Justice Carmen Victoria St. George dismissed Mr Walker’s law suit on December 14.
She said placing him in the department would be unconstitutional as his place on the Civil Service list had expired but said he could try again and retake the test.