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MATTER OF FERNANDEZ v. BOARD OF TRUSTEES OF THE NEW YORK FIRE DEPARTMENT PENSION FUND, SUBCHAPTER 2

2009-06506.

81 A.D.3d 950 (2011)

917 N.Y.S.2d 280

In the Matter of JACKIE KAHT FERNANDEZ, Appellant, v. BOARD OF TRUSTEES OF THE NEW YORK FIRE DEPARTMENT PENSION FUND, SUBCHAPTER 2, et al., Respondents.

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

Decided February 22, 2011.

Ordered that the judgment is reversed, on the law, with costs, the petition is reinstated, and the petition is granted to the extent of annulling the determination and remitting the matter to the New York City Fire Department Pension Fund Subchapter 2 Medical Board for further consideration and a new recommendation thereafter to the Board of Trustees of the New York City Fire Department Pension Fund, Subchapter 2, and thereafter a new determination by the Board of Trustees...

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