MATTER OF PERGOLA v. SAFIR


262 A.D.2d 34 (1999)

690 N.Y.S.2d 593

In the Matter of FRANK PERGOLA, Appellant, v. HOWARD SAFIR, as Police Commissioner of the City of New York and as Chair of the Board of Trustees Police Pension Fund, Article II, et al., Respondents.

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

Decided June 3, 1999.


Since there was credible evidence in support of the Medical Board's finding that petitioner's disability is due to chronic osteoarthritis and is not attributable to any one or combination of petitioner's line of duty injuries, the determination of the Board of Trustees to credit the findings of the Medical Board and deny petitioner an accidental disability pension may not be disturbed. The Board, in reaching its determination upon petitioner's accidental disability pension...

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