MATTER OF DELAHUNTY v. BD. OF TRS. OF THE NEW YORK CITY FIRE DEP'T


173 A.D.2d 212 (1991)

In the Matter of Kevin J. Delahunty, Appellant, v. Board of Trustees of the New York City Fire Department et al., Respondents

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

May 7, 1991


Petitioner argues the Medical Board's failure to set forth the basis for its finding that petitioner's disabling condition is unrelated to a line of duty automobile accident renders the Board of Trustees' reliance thereon "without foundation", and thus arbitrary and capricious. However, respondent's determination expressly relied upon medical evidence showing petitioner was disabled by a degenerative disease of the lower back.<...

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