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MATTER OF BODER v. O'NEILL

8611, 101985/16.

170 A.D.3d 528 (2019)

94 N.Y.S.3d 437

2019 NY Slip Op 02028

In the Matter of Matthew Boder, Appellant, v. James P. O'Neill et al., Respondents.

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

Decided March 19, 2019.

Petitioner met his burden in establishing that he was entitled to ADR benefits by presenting the reports of his treating physicians, including the surgeon who performed his spinal surgery, the line-of-duty (LOD) accident reports indicating neck and back injuries, the contemporaneous emergency room reports also documenting neck and back pain, and MRIs from 2010 and 2011 revealing disc herniation, disc degeneration, and stenosis...

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