Battista v. Board of Trustees of New York State Fire Department Pension Fund

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the New York State Fire Department Pension Fund dated December 19, 1989, which denied the petitioner’s application for an accidental disability retirement, the appeal is from a judgment of the Supreme Court, Kings County (Hurowitz, J.), dated December 17, 1990, which vacated the determination and granted the petitioner’s application.

Ordered that the judgment is affirmed, with costs.

In August 1979 approximately 15 months after he had sustained a gunshot wound to the chest, the petitioner became a…