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Coleman v. Board of Trustees

220 A.D.2d 663, 632 N.Y.S.2d 968, 1995 N.Y. App. Div. LEXIS 10478
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 23, 1995
StatusPublished

This text of 220 A.D.2d 663 (Coleman v. Board of Trustees) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coleman v. Board of Trustees, 220 A.D.2d 663, 632 N.Y.S.2d 968, 1995 N.Y. App. Div. LEXIS 10478 (N.Y. Ct. App. 1995).

Opinion

—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, which found that the petitioner should receive an [664]*664ordinary disability pension rather than an accidental disability pension, the petitioner appeals from a judgment of the Supreme Court, Kings County (Held, J.), entered December 14, 1993, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The proceeding was properly dismissed in light of the petitioner’s failure to show that his disability was caused by an accidental, line-of-duty injury or a disease of his lungs (see, Matter of Massari v Board of Trustees, 213 AD2d 648; Matter of Sichler v New York City Fire Dept., 213 AD2d 653; Matter of Petchonka v Board of Trustees, 204 AD2d 646; Matter of Shedd v Board of Trustees, 177 AD2d 632; see generally, Matter of Canfora v Board of Trustees, 60 NY2d 347; Matter of Meschino v Lowery, 34 AD2d 255; cf., Matter of Mescall v Board of Trustees, 204 AD2d 643; Matter of Bridgwood v Board of Trustees, 204 AD2d 629). Thompson, J. P., Altman, Goldstein and Florio, JJ., concur.

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Related

Canfora v. Board of Trustees of the Police Pension Fund
457 N.E.2d 740 (New York Court of Appeals, 1983)
Meschino v. Lowery
34 A.D.2d 255 (Appellate Division of the Supreme Court of New York, 1970)
Shedd v. Board of Trustees of Fire Department
177 A.D.2d 632 (Appellate Division of the Supreme Court of New York, 1991)
Bridgwood v. Board of Trustees of New York City Fire Department
204 A.D.2d 629 (Appellate Division of the Supreme Court of New York, 1994)
Mescall v. Board of Trustees of New York City Fire Department
204 A.D.2d 643 (Appellate Division of the Supreme Court of New York, 1994)
Petchonka v. Board of Trustees of New York City Fire Department
204 A.D.2d 646 (Appellate Division of the Supreme Court of New York, 1994)
Massari v. Board of Trustees
213 A.D.2d 648 (Appellate Division of the Supreme Court of New York, 1995)
Sichler v. New York City Fire Department
213 A.D.2d 653 (Appellate Division of the Supreme Court of New York, 1995)

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Bluebook (online)
220 A.D.2d 663, 632 N.Y.S.2d 968, 1995 N.Y. App. Div. LEXIS 10478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-board-of-trustees-nyappdiv-1995.