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BENESOWITZ v. METROPOLITAN LIFE INS. CO.

Docket No. 05-6382-CV.

471 F.3d 348 (2006)

Mitchell BENESOWITZ, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Plan Administrator of Honeywell Long Term Disability Income Plan, and Honeywell Long Term Disability Income Plan, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 14, 2006.

Attorney(s) appearing for the Case

Eve-Lynn Gisonni, Gisonni & Harms, LLP (Richard Harms on the brief), Woodbury, NY, for Plaintiff-Appellant.

Amy Posner, Metropolitan Life Insurance Company, Long Island City, NY (Allan M. Marcus, Lester Schwab Katz & Dwyer, LLP, New York, NY, on the brief), for Defendants-Appellees.

Robert H. Easton, Deputy Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Caitlin J. Halligan, Solicitor General, Benjamin N. Gutman, Assistant Solicitor General, on the brief), New York, NY, for Amicus Curiae State of New York in Support of Appellant.

Richard H. Streeter, Carolyn Doppelt Gray, Theresa L. Jakubowski, Barnes & Thornburg, LLP, Washington, DC; Lisa Tate, American Council of Life Insurers, Washington, DC, for Amicus Curiae American Council of Life Insurers in Support of Appellees.

Before WINTER, CABRANES, and POOLER, Circuit Judges.

POOLER, Circuit Judge.

Plaintiff Mitchell Benesowitz appeals a judgment of the United States District Court for the Eastern District of New York (Thomas C. Platt, Judge) dismissing his claim for long-term disability ("LTD") benefits. The employer plan providing LTD benefits to Benesowitz is subject to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., but, to resolve this appeal, we must construe New York Insurance...

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