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

232 A.D.2d 640 (1996)

648 N.Y.S.2d 694

In the Matter of Robert Kmiotek, Appellant, v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, Respondents

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

October 28, 1996

Ordered that the judgment is affirmed, with costs.

It is well settled that a decision of the Board of Trustees denying accident disability retirement benefits can be set aside upon judicial review only if it can be determined as a matter of law on the record that the disability was a natural and proximate result of a service-related accident (see, Matter of Canfora v Board of Trustees, 60 N.Y.2d 347; Matter of Flynn...

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