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MATTER OF CANNELLA v. BOARD OF TRUSTEES OF THE NEW YORK CITY FIRE DEPARTMENT, ARTICLE 1-B PENSION FUND

258 A.D.2d 521 (1999)

684 N.Y.S.2d 616

In the Matter of JOHN CANNELLA, 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.

Decided February 8, 1999.

Ordered that the judgment is affirmed, with costs.

Since the recommendation of the Article 1-B Medical Board (hereinafter the Medical Board) to retire the petitioner with ordinary, rather than accidental, disability retirement benefits was based on credible medical evidence, the respondents' reliance on that recommendation was proper (see, Matter of Meyer v Board of Trustees, 90 N.Y.2d 139; see also, Matter of Rickert...

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