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

89 N.Y.2d 1065 (1997)

681 N.E.2d 1279

659 N.Y.S.2d 833

In the Matter of Robert Wahl, Respondent, v. Board of Trustees of the New York City Fire Department et al., Appellants.

Court of Appeals of the State of New York.

Decided May 8, 1997.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Fay Ng of counsel), for appellants.

Blau, Kramer, Wactlar & Lieberman, P. C., Jericho (Edward S. Wactlar of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed.

There was credible evidence before the Board of Trustees of lack of a causal relationship between petitioner's service-related injury and his disabling degenerative lumbar spine condition, in the form of the Medical Board's record-based, rational medical explanation and the testimony of the Department's Chief...

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