Perrotta v. Board of Trustees of the New York Fire Department
Opinion of the Court
—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, dated March 4, 1993, denying the petitioner’s application for an accident disability pension and retiring him on ordinary disability, the appeal is from a judgment of the Supreme Court, Kings County (Vaccaro, J.), entered February 7, 1995, which granted the petition and annulled the determination.
Ordered that the judgment is affirmed, with costs.
Contrary to the appellants’ contention, the record permits adequate judicial review. The 1-B Medical Board carefully reviewed all available evidence, and gave an unequivocal reason for its recommendation that the petitioner’s application for accidental disability be denied (compare, Matter of Curran v McGuire, 87 AD2d 223; Matter of Perkins v Board of Trustees, 59 AD2d 696). Consequently, there is no need to defer a final determination and remit the matter to the Supreme Court.
Turning to the merits of the case, the proof incontrovertibly established a causal connection between the petitioner’s line-of-duty injuries and his disability (see, Matter of Tobin v Steisel, 64 NY2d 254; Matter of Canfora v Board of Trustees, 60 NY2d 347; Matter of Causarano v Board of Trustees, 178 AD2d 474;
Case-law data current through December 31, 2025. Source: CourtListener bulk data.