MATTER OF DALY v. BD. OF TRS. OF THE NEW YORK CITY FIRE DEP'T, ARTICLE I-B PENSION FUND


190 A.D.2d 848 (1993)

In the Matter of John W. Daly, Appellant, v. Board of Trustees of the New York City Fire Department, Article I-B Pension Fund, et al., Respondents

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

February 22, 1993


Ordered that the judgment is affirmed, with costs.

The physician who appeared before the Board of Trustees stated that he did not know whether an incident on July 10, 1987, aggravated a pre-existing degenerative lower back condition of the petitioner and that he could only offer a "surmise" on the question of causation. He acknowledged that the arthritic condition suffered by the petitioner was one that "gets worse over...

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