From Casetext: Smarter Legal Research

In re Application of Keith H. Rubin

Appellate Division of the Supreme Court of New York, First Department
May 8, 2001
283 A.D.2d 196 (N.Y. App. Div. 2001)

Opinion

May 8, 2001.

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 report to include alleged psychological injuries, and dismissed the petition, unanimously affirmed, without costs.

Daniel B. Gazan, for petitioner-appellant.

Julie Steiner, for respondents-respondents.

Before: Sullivan, P.J., Williams, Mazzarelli, Wallach, Rubin, JJ.


In concluding that petitioner did not suffer from post traumatic 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 A.D.2d 811, 812, lv denied 91 N.Y.2d 813).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Application of Keith H. Rubin

Appellate Division of the Supreme Court of New York, First Department
May 8, 2001
283 A.D.2d 196 (N.Y. App. Div. 2001)
Case details for

In re Application of Keith H. Rubin

Case Details

Full title:IN RE APPLICATION OF KEITH H. RUBIN, PETITIONER-APPELLANT, FOR A JUDGMENT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 8, 2001

Citations

283 A.D.2d 196 (N.Y. App. Div. 2001)
724 N.Y.S.2d 304