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MATTER OF DEERING v. SCOPETTA

2008-07126.

71 A.D.3d 1141 (2010)

898 N.Y.S.2d 196

In the Matter of KENNETH DEERING, Respondent, v. NICHOLAS SCOPETTA et al., Appellants.

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

Decided March 30, 2010.

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

"The issue of whether a firefighter is disabled as a result of a service-related incident is determined by the Medical Board of the New York City Fire Department Pension Fund" (Matter of Kuczinski...

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