Andrade v. Esperdy

EDELSTEIN, District Judge.

OPINION

This is an action for a declaratory judgment, 28 U.S.C. § 2201, and for a reversal of an administrative ruling under the Administrative Procedure Act, 5 U.S.C. § 1001 et seq. Plaintiff has moved for summary judgment. The material facts in this case are not disputed between the parties and, indeed, an independent review of the record reveals no factual dispute. Hence the matter is appropriate for summary judgment. Dressler v. M/V Sandpiper, 331 F.2d 130 (2d Cir. 1964); Rule 56 F.R.Civ.P.

Plaintiff, Viola Theresa Andrade, born in Charleston, South Carolina, on…