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MATTER OF DIMINO v. SHEA

Index No. 152678/20. Appeal No. 15389. Case No. 2021-02908.

202 A.D.3d 620 (2022)

159 N.Y.S.3d 846

2022 NY Slip Op 01239

In the Matter of Michael Dimino, Appellant, v. Dermot F. Shea, as the Police Commissioner of the City of New York, et al., Respondents.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Goldberg & McEnaney, LLC, Port Washington (Timothy McEnaney of counsel), for appellant.

Georgia M. Pestana, Corporation Counsel, New York (Jamison Davies of counsel), for respondents.

Concur—Webber, J.P., Kern, Moulton, González, Mendez, JJ.

The court properly concluded that the Medical Board's recommendation was based on objective evidence consisting of a report of a 2015 MRI, as well as a gap in treatment from August 2014 to November 2015. The 2015 MRI found that the condition of petitioner's cervical spine, including the presence of degenerative disc disease, was unchanged from a pre-incident 2008 MRI. The Board of Trustees were entitled to rely on the Medical Board's determination in that it was based on...

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