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BENESOWITZ v. METROPOLITAN LIFE INS. CO.

Docket No. 05-6382-cv.

514 F.3d 174 (2007)

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 28, 2007.

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, N.Y. (Allen 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.

PER CURIAM:

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. We assume familiarity with the underlying facts and procedural history, which are provided at Benesowitz v. Metropolitan Life Insurance Company, 471 F.3d 348, 350-51 (2d Cir.2006) ("Benesowitz I...

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