GOEPEL v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT


7 A.D.3d 799 (2004)

776 N.Y.S.2d 858

In the Matter of THOMAS A. GOEPEL, Appellant, v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT, ARTICLE 1-B PENSION FUND, et al., Respondents.

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

May 24, 2004.


Ordered that the judgment is affirmed, with costs.

The determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, awarding the petitioner only ordinary disability retirement benefits pursuant to a tie vote, was based on credible evidence showing that the petitioner's disability was caused by a long-term degenerative condition. The petitioner failed to show, as a matter of law, that the disability was the result of a service...

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