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

235 A.D.2d 483 (1997)

652 N.Y.S.2d 992

In the Matter of Anthony Stack, Respondent, v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, et al., Appellants

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

January 21, 1997

Ordered that the notice of appeal from the interlocutory judgment dated January 31, 1995, is deemed an application for leave to appeal and the application is granted; and it is further,

Ordered that the interlocutory judgment is affirmed, with costs.

Contrary to the respondents' contention, the record contains uncontroverted medical evidence that the petitioner's arthroscopic knee surgery was necessitated by his line-of-duty injuries, and that the subsequent...

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