Rubin v. Safir

Appellate Division of the Supreme Court of New York

Rubin v. Safir

283 A.D.2d 196, 724 N.Y.S.2d 304, 2001 N.Y. App. Div. LEXIS 4811

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

DecidedMay 8, 2001

StatusPublished

This text of 283 A.D.2d 196 (Rubin v. Safir) 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

Rubin v. Safir, 283 A.D.2d 196, 724 N.Y.S.2d 304, 2001 N.Y. App. Div. LEXIS 4811 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Order, Supreme Court, New York County (Paula Omansky, J.), entered April 3, 2000, which denied petitioner’s application pursuant to CPLR article 78 to annul the determination of respondent Police Department, dated September 17, 1998, denying petitioner’s application to amend his line-of-duty injury report to include alleged psychological injuries, and dismissed the petition, unanimously affirmed, without costs.

In concluding that petitioner did not suffer from posttraumatic stress disorder as a result of a fight in December of 1996, respondents resolved a conflict of medical opinion, and, in so doing, were entitled to rely on their medical experts. Since medical evidence supports the challenged determination, the determination has a rational basis (see, Matter of Stitt v McMahon, 244 AD2d 811, 812, lv denied 91 NY2d 813). Concur — Sullivan, P. J., Williams, Mazzarelli, Wallach and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Paula Omansky, J.), entered April 3, 2000, which denied petitioner’s application pursuant to CPLR article 78 to annul the determination of respondent Police Department, dated September 17, 1998, denying petitioner’s application to amend his line-of-duty injury report to include alleged psychological injuries, and dismissed the petition, unanimously affirmed, without costs.

In concluding that petitioner did not suffer from posttraumatic stress disorder as a result of a fight in December of 1996, respondents resolved a conflict of medical opinion, and, in so doing, were entitled to rely on their medical experts. Since medical evidence supports the challenged determination, the determination has a rational basis (see, Matter of Stitt v McMahon, 244 AD2d 811, 812, lv denied 91 NY2d 813). Concur — Sullivan, P. J., Williams, Mazzarelli, Wallach and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

283 A.D.2d 196, 724 N.Y.S.2d 304, 2001 N.Y. App. Div. LEXIS 4811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rubin-v-safir-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack