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


40 A.D.3d 638 (2007)

835 N.Y.S.2d 396

In the Matter of ANTHONY GAUDIOSO, 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 May 1, 2007.


Ordered that the judgment is reversed, on the law, with costs, the petition is granted, the determination is 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 the granting of the petitioner's application for service-related accidental disability retirement benefits.

Where, as here, the respondent Board of Trustees of the New York City...

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