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BELNAVIS v. BD. OF TRS.

84 A.D.2d 244 (1982)

In the Matter of Aubrey J. Belnavis, Appellant, v. Board of Trustees of the New York City Fire Department, Article 1b Pension System, by John T. O'Hagan, Chairman, et al., Respondents

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

January 7, 1982

Attorney(s) appearing for the Case

Richard Imbrogno of counsel (Murray A. Gordon and Stephen A. Stein with him on the brief; Gordon & Shechtman, P. C., attorneys), for appellant.

Michael Gage of counsel (Carolyn E. Demarest on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for respondents.

KUPFERMAN and LYNCH, JJ., concur with FEIN, J.; MURPHY, P. J., and SANDLER, J., dissent in part in an opinion by MURPHY, P. J.

FEIN, J.

Petitioner, a lieutenant and 28-year veteran of the New York City Fire Department, underwent a cardiopulmonary stress test in 1975, analysis of which in 1976 revealed the possible existence of cardiac arythmias. Petitioner was found to be suffering from chronic obstructive lung disease, reducing him to 61% of respiratory normalcy. As a result, the department's medical board concluded that petitioner...

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