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

47 A.D.3d 926 (2008)

850 N.Y.S.2d 593

In the Matter of GERARD CAMPBELL, Respondent, v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT, ARTICLE 1-B PENSION FUND, et al., Appellants.

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

Decided January 29, 2008.

Ordered that the order is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the matter is remitted to the Supreme Court, Kings County, for entry of a judgment dismissing the proceeding (see CPLR 411).

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 the City of New York...

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