A judge ruled that Scott Weinfeld, who says he weighs 348 pounds and suffers from sleep apnea, won’t get his job back as a subway dispatcher, reports The New York Daily News in an exclusive.

Weinfeld’s lawyer Sean O’Hara argued that his client’s sleep apnea was under control with the aid of a breathing machine. But the judge was unconvinced.

“I noticed that you’re dozing and slipped in the chair at one point,” during the hearing, Weinstein said.

Weinfeld, 45, denied that he was snoozing in the courtroom.