Kopetz v. Board of Trustees of the New York City Fire Department Article 1-B Pension Fund

—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, which (1) found the petitioner to be incapable of full duty, (2) denied his application for an accident disability retirement, and (3) retired him on ordinary disability, the petitioner appeals from a judgment of the Supreme Court, Kangs County (Vaughan, J.), dated December 4, 1997, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Where, as here, the Board of Trustees of the New…