Canario v. Culhane, 91-5526 (1998)

DECISION

Before this Court is plaintiff Raymond Canario's motion for a new trial. In his motion, the plaintiff asserts that this Court erroneously reviewed the denial of the plaintiff's application for a disability pension by employing an arbitrary and capricious review standard instead of a de novo standard.

On January 15, 1998, this Court issued a decision in the instant case, affirming defendant Colonel Culhane's decision not to award the plaintiff a disability pension. The pertinent facts of the instant matter are contained in that decision. The plaintiff subsequently filed the instant…