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DELLAVOLPE v. CITY OF NEW YORK

Case No. 05-CV-5118 (FB)(JMA).

673 F.Supp.2d 111 (2009)

Stephen A. DELLAVOLPE, Plaintiff, v. The CITY OF NEW YORK; New York City Police Pension Fund (N.Y.CPPF); Raymond W. Kelly, Police Commissioner; Neldra M. Zeigler, Deputy Commissioner Office of Equal Employment Opportunity; Rafael Pinero, Chief of the Personnel Bureau; Dr. Eli Joseph Kleinman, Supervising Chief Surgeon, Medical Division; Dr. Nicholas Tsirilakis, Department Surgeon, Medical Division; Smith, Commanding Officer Bronx Healthcare Facility; Michael D. Welsome, Executive Director, New York City Police Pension Fund; Nicholas Frank Depalma, M.D., Chairman, Article II Medical Board, New York City Police Pension Fund; Theodore Cohen, M.D., Board Doctor, Article II Medical Board, New York City Police Pension Fund; Joseph Bottner, M.D., Board Doctor, Article II Medical Board, New York City Police Pension Fund, each individually and in their official capacities as employees of the CITY or the NYCPPF, Defendants.

United States District Court, E.D. New York.

December 14, 2009.

Attorney(s) appearing for the Case

Eric Sanders, Esq., Susan P. Bernstein, Esq., Jeffrey L. Goldberg, P.C., Lake Success, NY, for the Plaintiff.

Michael A. Cardozo, Esq., Corporation Counsel of the City of New York by Joshua Robert Fay, Esq., New York City Law Department, New York, NY, Blanche Greenfield, Esq., on the Brief, for the Defendants.

MEMORANDUM AND ORDER

BLOCK, Senior District Judge:

Plaintiff Stephen A. Dellavolpe ("Dellavolpe") is a former police officer with the New York City Police Department ("NYPD"). He had a seizure while on duty in 2003. NYPD medical personnel concluded that he was at risk for a recurrence of seizures, and that he was therefore not capable of performing all the essential functions of a police officer. He was involuntarily retired in 2006. Dellavolpe alleges...

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