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Matter of Kalachman v. Board of Trustees

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 619 (N.Y. App. Div. 1996)

Opinion

February 20, 1996

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


Ordered that the judgment is affirmed, with costs.

In light of the conflicting medical evidence regarding the petitioner's condition, it was within the sole province of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund to resolve such conflict ( see, Matter of Bartsch v. Board of Trustees, 142 A.D.2d 577, 578). Since the determination had a rational basis, we find no reason to disturb it on appeal. Additionally, contrary to the petitioner's contention, a determination by the Social Security Administration does not control the retirement determination at issue ( see, Matter of Keller v. Regan, 212 A.D.2d 856; Matter of Roehsler, 19 A.D.2d 927).

The petitioner's remaining contentions are without merit. Sullivan, J.P., Pizzuto, Goldstein and Florio, JJ., concur.


Summaries of

Matter of Kalachman v. Board of Trustees

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 619 (N.Y. App. Div. 1996)
Case details for

Matter of Kalachman v. Board of Trustees

Case Details

Full title:In the Matter of MELVIN KALACHMAN, Appellant, v. BOARD OF TRUSTEES OF THE…

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

Date published: Feb 20, 1996

Citations

224 A.D.2d 619 (N.Y. App. Div. 1996)
639 N.Y.S.2d 708

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