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

255 A.D.2d 328 (1998)

679 N.Y.S.2d 329

In the Matter of Donald Rickert, Appellant, v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, et al., Respondents

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

November 2, 1998

Ordered that the judgment is affirmed, with costs.

Since the recommendation of the Medical Board to retire the petitioner with ordinary, rather than accidental, pension benefits was based on credible medical evidence, the respondent's reliance on that recommendation was proper (see, Matter of Meyer v Board of Trustees, 90 N.Y.2d 139; see also, Matter of Ryan v Board of Trustees, 247 A...

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