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MATTER OF CLARKE v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT

46 A.D.3d 559 (2007)

846 N.Y.S.2d 637

In the Matter of VINCENT CLARKE, 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.

Decided December 4, 2007.

Ordered that the judgment is affirmed, with costs.

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) (see Administrative Code of City of NY § 13-352; Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 N.Y.2d 139, 144 [1997]; Matter of Vastola v Board...

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