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Matter of Lacker v. Bd. of Trustees of N.Y

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1995
221 A.D.2d 633 (N.Y. App. Div. 1995)

Opinion

November 27, 1995

Appeal from the Supreme Court, Kings County (Huttner, J.).


Ordered that the judgment is affirmed, with costs.

The Medical Board of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Medical Board) unanimously determined that, although the petitioner is disabled, his disability is unrelated to his activities in the Fire Department. The Board of Trustees of the Article 1-B Pension Fund (hereinafter the Board of Trustees) was entitled to rely upon the Medical Board's recommendation (see, Matter of Russo v Board of Trustees, 143 A.D.2d 674, 676), and we agree with the Supreme Court that the Board of Trustees' determination was neither arbitrary nor capricious (see, Matter of Petchonka v Board of Trustees, 204 A.D.2d 646; Matter of Bartsch v Board of Trustees, 142 A.D.2d 577). Balletta, J.P., Ritter, Copertino and Pizzuto, JJ., concur.


Summaries of

Matter of Lacker v. Bd. of Trustees of N.Y

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1995
221 A.D.2d 633 (N.Y. App. Div. 1995)
Case details for

Matter of Lacker v. Bd. of Trustees of N.Y

Case Details

Full title:In the Matter of ROBERT P. LACKER, Appellant, v. BOARD OF TRUSTEES OF THE…

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

Date published: Nov 27, 1995

Citations

221 A.D.2d 633 (N.Y. App. Div. 1995)
634 N.Y.S.2d 504