VIDAL v. TRUSTEES OF N.Y

Ordered that the judgment is affirmed, with costs.

The issue of whether a firefighter is disabled is determined by the Medical Board of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Medical Board). "The determination of the Medical Board 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 AD3d 501; see Matter of Hession v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 23 AD3d 468; Matter of Kuczinski v Board of Trustees of N.Y. City Fire Dept, Art. 1-B Pension Fund, 8 AD3d 283, 284). 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 N.Y. City Fire Dept, Art. 1-B Pension Fund, 90 NY2d 139, 147). In this case, the determination of the Medical Board that the petitioner's injuries did not constitute a disability that would preclude the petitioner from performing full duty as a firefighter is supported by credible evidence and is not irrational. Thus, the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, properly upheld the Medical Board's recommendation ( see Matter of Borenstein v New York City Employees' Retirement Sys., 88 NY2d 756, 760-761), and the Supreme Court properly denied the petition.