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MATTER OF CENTAURO v. BD. OF TRS. OF THE NEW YORK FIRE DEP'T ARTICLE 1-B PENSION FUND

55 A.D.2d 546 (1976)

In the Matter of George J. Centauro, Respondent, v. Board of Trustees of the New York Fire Department Article 1-B Pension Fund et al., Appellants

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

December 16, 1976

This court has previously remanded the matter to the board of trustees for reconsideration and directed that they make an independent determination on the evidence; they failed so to do, and the minutes of their meeting do not demonstrate that any evidence was discussed. We can well understand the conclusion by the court at Special Term that a further remand would be an exercise in futility. However, the board of trustees has the duty to exercise an informed and independent...

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