Appellate Division of the Supreme Court of the State of New York May 21, 2001 (Ruzicka v. Board of Trustees of New York City Fire Department)

—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 July 31, 1998, which denied the petitioner’s application for an accident disability pension and retired him on ordinary disability, the petitioner appeals from a judgment of the Supreme Court, Kings County (Belen, J.