Legal Opinion

Tesoriero v. Board of Trustees of New York Fire Department Article 1-B Pension Fund

New York Supreme Court

Decided July 27, 2007Published

1Opinion of the Court

*498OPINION OF THE COURT

Larry D. Martin, J.

In this CPLR article 78 proceeding, petitioner Vincent Tesonero seeks a judgment: (1) annulling the February 6, 2006 determination of respondent Board of Trustees of New York Fire Department Pension Fund, subchapter 2, sued herein as Board of Trustees of New York Fire Department Article 1-B Pension Fund (Board of Trustees), which denied his application for an accident disability pension pursuant to Administrative Code of the City of New York § 13-354 (the Lung Bill),1 (2) declaring said determination to be arbitrary and capricious, and (3) directing the…

2Cases cited10 opinions

  1. Borenstein v. New York City Employees' Retirement SystemNew York Court of Appeals · 1996
  2. Meyer v. Board of TrusteesNew York Court of Appeals · 1997
  3. Manza v. MalcolmAppellate Division of the Supreme Court of the State of New York · 1974
  4. Kuczinski v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2004
  5. Bartsch v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1988

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