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

38 A.D.3d 562 (2007)

832 N.Y.S.2d 55

In the Matter of JOHN STACK, Appellant, v. BOARD OF TRUSTEES OF THE NEW YORK CITY FIRE DEPARTMENT, ARTICLE I-B PENSION FUND et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 6, 2007.

Ordered that the judgment is modified, on the law, by deleting the provision thereof denying that branch of the petition which was to annul the medical findings of the Medical Board of the New York City Fire Department, Article 1-B Pension Fund, with regard to the petitioner's application for ordinary disability retirement benefits and substituting therefor a provision granting that branch of the petition; as so modified, the judgment is affirmed, without costs or disbursements...

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