Flaherty v. Board of Trustees

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 April 26, 2002, which, inter alia, denied the petitioner’s application for accidental disability retirement benefits, the appeal is from a judgment of the Supreme Court, Kings County (R. Goldberg, J.), dated March 5, 2003, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner applied for accidental disability retirement benefits based on a claim that herniated discs…