IN RE: John CANNELLA (1999)

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, dated October 27, 1995, denying the petitioner's application for line-of-duty accident disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Belen, J.), entered November 4, 1997, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

Since the recommendation of the Article 1-B Medical Board (hereinafter the Medical Board) to retire the petitioner with ordinary, rather than accidental, disability retirement benefits was based on credible medical evidence, the respondents' reliance on that recommendation was proper (see, Matter of Meyer v. Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 N.Y.2d 139, 659 N.Y.S.2d 215, 681 N.E.2d 382;  see also, Matter of Rickert v Board of Trustees, 255 A.D.2d 328, 679 N.Y.S.2d 329;  Matter of Ryan v. Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 247 A.D.2d 480, 668 N.Y.S.2d 683).   The report of the Medical Board constituted expert medical opinion based on evidentiary proof reasonably tending to support the conclusion of a lack of causation between the line-of-duty accidents in question and the petitioner's condition.

MEMORANDUM BY THE COURT.