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


37 A.D.3d 478 (2007)

829 N.Y.S.2d 218

In the Matter of DONALD VASTOLA, 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 6, 2007.


Ordered that the judgment is affirmed, without costs or disbursements.

"The issue of whether a firefighter is disabled is determined by the Medical Board of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Medical Board)" (Matter of Vidal v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 32 A.D.3d 399, 399 [2006]). "Its determination that a firefighter is not disabled for duty...

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