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

3 A.D.3d 501 (2004)

770 N.Y.S.2d 132

In the Matter of JUAN RODRIGUEZ, 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.

January 12, 2004.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted to the extent that the findings of the Medical Board of the New York City Fire Department, Article 1-B Pension Fund are annulled, and the matter is remitted to the respondent Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund for further proceedings in accordance herewith.

The issue of whether a firefighter is disabled is determined by the Medical Board...

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