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MATTER OF MARTORANA v. NEW YORK CITY FIRE PENSION FUND

Index No. 153092/20. Appeal No. 405. Case No. 2022-05594.

217 A.D.3d 455 (2023)

191 N.Y.S.3d 16

2023 NY Slip Op 02977

In the Matter of John Martorana, Appellant, v. New York City Fire Pension Fund et al., Respondents.

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

Decided June 6, 2023.

Attorney(s) appearing for the Case

Seelig Law Offices, LLC, New York ( Philip H. Seelig of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Susan Paulson of counsel), for respondents.

Concur—Kapnick, J.P., Oing, Moulton, Kennedy, Mendez, JJ.

Judgment (denominated an order), Supreme Court, New York County (Debra A. James, J.), entered November 25, 2022, denying the petition to annul respondents' determination, dated December 20, 2019, which denied petitioner's application for accidental disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The court properly concluded that respondents' determination was based on credible...

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