Wholihan v. Vanessen

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, denying the petitioner’s application for an accident disability pension and retiring him on ordinary disability, the appeal is from a judgment of the Supreme Court, Kings County (Jackson, J.), dated May 23, 1997, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

In view of the objective medical evidence demonstrating that the petitioner’s mild cardiomyopathy was not accompanied by any underlying…