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MARLEY v. BOARD OF TRUSTEES OF THE NEW YORK FIRE DEPARTMENT ARTICLE 1-B PENSION FUND

15 Misc.3d 1068 (2007)

834 N.Y.S.2d 833

LAWRENCE J. MARLEY, Petitioner, v. BOARD OF TRUSTEES OF THE NEW YORK FIRE DEPARTMENT ARTICLE 1-B PENSION FUND et al., Respondents. GERARD LEDWITH, Petitioner, v. BOARD OF TRUSTEES OF THE NEW YORK FIRE DEPARTMENT ARTICLE 1-B PENSION FUND et al., Respondents.

Supreme Court, Kings County.

April 24, 2007.

Attorney(s) appearing for the Case

Barasch McGarry Salzman & Penson (Edward Marcowitz of counsel), for petitioners.

Michael A. Cardozo, Corporation Counsel, New York City (Carolyn Wolpert of counsel), for respondents.

OPINION OF THE COURT

JACK M. BATTAGLIA, J.

Petitioners Lawrence J. Marley and Gerard Ledwith, retired firefighters who participated in rescue and recovery at Ground Zero, challenge denial of their respective applications for accident disability retirement/line-of-duty retirement benefits. Because the court can find no articulated explanation for the determinations that petitioners were not disabled at the time of their retirement, those determinations are...

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