Ordered that the cross appeal is dismissed since the petitioner is not aggrieved by the portions of the judgment that he cross-appeals from (see, CPLR 5511); and it is further,
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that the petitioner firefighter's refusal to undergo surgery a second time does not constitute a waiver of the petitioner's right to benefits pursuant to General...
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