Monahan v. Bratton

Appellate Division of the Supreme Court of New York

Monahan v. Bratton

233 A.D.2d 274, 650 N.Y.S.2d 545, 1996 N.Y. App. Div. LEXIS 12148

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 26, 1996

StatusPublished

Cited by1 cases

This text of 233 A.D.2d 274 (Monahan v. Bratton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Monahan v. Bratton, 233 A.D.2d 274, 650 N.Y.S.2d 545, 1996 N.Y. App. Div. LEXIS 12148 (N.Y. Ct. App. 1996).

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Opinion

Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered October 4, 1995, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s determination denying him an accident disability retirement pension, unanimously affirmed, without costs.

Respondent’s determination that petitioner is not disabled is supported by sufficient medical evidence, including the MRI and EMC reports on which petitioner relies, which, while indicating a herniated disc, do not indicate any atrophy or distress that would disable petitioner from performing his police duties (see, Matter of D’Angelo v Ward, 159 AD2d 425, 426). Concur—Rosenberger, J. P., Rubin, Ross, Tom and Andrias, JJ.

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Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered October 4, 1995, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s determination denying him an accident disability retirement pension, unanimously affirmed, without costs.

Respondent’s determination that petitioner is not disabled is supported by sufficient medical evidence, including the MRI and EMC reports on which petitioner relies, which, while indicating a herniated disc, do not indicate any atrophy or distress that would disable petitioner from performing his police duties (see, Matter of D’Angelo v Ward, 159 AD2d 425, 426). Concur—Rosenberger, J. P., Rubin, Ross, Tom and Andrias, JJ.

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Bluebook (online)

233 A.D.2d 274, 650 N.Y.S.2d 545, 1996 N.Y. App. Div. LEXIS 12148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monahan-v-bratton-nyappdiv-1996.

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