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MATTER OF MONDELLO v. BEEKMAN

78 A.D.2d 824 (1980)

In the Matter of Michael Mondello, Respondent, v. Augustine Beekman, as Fire Commissioner of The City of New York and as Chairman of The Board of Trustees of 1-B Pension Fund of the City of New York, et al., Appellants

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

November 20, 1980

Reversed, on the law, and the petition is dismissed, without costs.

The question whether petitioner is permanently disabled is a medical question on which the opinion of the fire department's 1-B medical board is conclusive unless arbitrary or capricious. After many examinations and consultations, the medical board came to the conclusion that petitioner was not permanently disabled stating: "It is the opinion of the 1-B Medical Board that he is temporarily disabled...

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