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ALBANO v. BOARD OF TRUSTEES

98 N.Y.2d 548 (2002)

780 N.E.2d 159

750 N.Y.S.2d 558

In the Matter of EMIL ALBANO, Appellant, v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT, ARTICLE II PENSION FUND, Respondent.

Court of Appeals of the State of New York.

Decided October 15, 2002.

Attorney(s) appearing for the Case

Carroll & Friess, New York City (Rosemary Carroll of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Mordecai Newman and Larry A. Sonnenshein of counsel), for respondent.

Sullivan Papain Block McGrath & Cannavo P.C., New York City (Michael N. Block, Stephen C. Glasser and Stefanie R. Cardarelli of counsel), for Uniformed Firefighters Association, amicus curiae.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

SMITH, J.

The issue before this Court is whether the decision of the Board of Trustees that appellant's testicular cancer is not a cancer "affecting the lymphatic, digestive, hematological, urinary or prostate systems" (General Municipal Law § 207-kk) has a rational basis and is supported by substantial evidence. We hold that the decision is rational and is supported by substantial evidence...

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