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MATTER OF ALBANO v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT, ARTICLE II PENSION FUND

286 A.D.2d 734 (2001)

730 N.Y.S.2d 159

In the Matter of EMIL ALBANO, Appellant, v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT, ARTICLE II PENSION FUND, Respondent.

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

Decided September 17, 2001.

Ordered that the judgment is affirmed, with costs.

The petitioner was appointed to the New York City Fire Department in November 1968, and served as a firefighter for approximately 30 years. In August 1997 the petitioner was diagnosed with testicular cancer. Thereafter, in January 1999 the petitioner applied for an accident disability pension upon the ground that his cancer had presumptively been caused by the performance of his firefighting duties pursuant to General...

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