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IN THE MATTER OF KUCZINSKI v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT

8 A.D.3d 283 (2004)

777 N.Y.S.2d 693

In the Matter of MICHAEL KUCZINSKI, Appellant, v. BOARD OF TRUSTEES OF 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.

June 1, 2004.

Ordered that the judgment is affirmed, with costs.

The issue of whether a firefighter is disabled as a result of a service-related incident is determined by the Medical Board of the New York City Fire Department Pension Fund, subchapter 2 (formerly art 1-B [hereinafter the Board]). Its determination that a firefighter is not disabled for duty is conclusive if it is supported by some credible evidence and is not irrational (see Matter of Meyer v Board of Trustees...

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