MATTER OF BATTISTA v. BD. OF TRS. OF NEW YORK STATE FIRE DEP'T PENSION FUND


188 A.D.2d 598 (1992)

In the Matter of John M. Battista, Respondent, v. Board of Trustees of New York State Fire Department Pension Fund et al., Appellants

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

December 21, 1992


Ordered that the judgment is affirmed, with costs.

In August 1979 approximately 15 months after he had sustained a gunshot wound to the chest, the petitioner became a member of the New York City Fire Department. Although he was diagnosed as having adhesions to his right diaphragm, he was nevertheless found to be qualified for the job in light of his "normal pulm[onary] function". However, starting in 1983 the petitioner became exhausted and complained of chest pains...

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