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IN RE: Stephen P. HESSION, appellant, v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT, Article 1-B Pension Fund, etc., et al., respondents.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondents dated May 23, 2002, that the petitioner was not permanently disabled for retirement purposes, the petitioner appeals from a judgment of the Supreme Court, Kings County (Knipel, J.), entered March 5, 2003, which denied the petition and dismissed the proceeding.
ORDERED that the judgment is affirmed, with costs.
A determination of the Medical Board of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Medical Board) finding no disability “is conclusive if it is supported by some credible evidence and is not irrational” (Matter of Rodriguez v. Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 3 A.D.3d 501, 770 N.Y.S.2d 132; see Matter of Borenstein v. New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760, 650 N.Y.S.2d 614, 673 N.E.2d 899; Matter of Kuczinski v. Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 8 A.D.3d 283, 777 N.Y.S.2d 693). Credible evidence is “evidence that proceeds from a credible source and reasonably tends to support the proposition for which it is offered” (Matter of Meyer v. Board of Trustees of the N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 N.Y.2d 139, 147, 659 N.Y.S.2d 215, 681 N.E.2d 382). In this case, the determination of the Medical Board is supported by credible evidence and is not irrational.
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Decided: November 14, 2005
Court: Supreme Court, Appellate Division, Second Department, New York.
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