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

86 A.D.2d 808 (1982)

In the Matter of Thomas F. Perkins, 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.

February 18, 1982

This matter having previously been through the process of appellate review (see 59 A.D.2d 696) and remanded for reconsideration, is now before us again with respect to the finding of Special Term that the record could not have supported the determination awarding only ordinary disability. Such finding, however, should have resulted in an order directing reconsideration by the board of trustees. The board has the ultimate authority to decide...

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