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In the Matter of MELVIN KALACHMAN, Appellant, v. BOARD OF TRUSTEES OF THE NEW YORK CITY FIRE DEPARTMENT, ARTICLE 1-B PENSION FUND, et al., Respondents.

Ordered that the judgment is affirmed, with costs.

In light of the conflicting medical evidence regarding the petitioner's condition, it was within the sole province of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund to resolve such conflict ( see, Matter of Bartsch v. Board of Trustees, 142 A.D.2d 577, 578). Since the determination had a rational basis, we find no reason to disturb it on appeal. Additionally, contrary to the petitioner's contention, a determination by the Social Security Administration does not control the retirement determination at issue ( see, Matter of Keller v. Regan, 212 A.D.2d 856; Matter of Roehsler, 19 A.D.2d 927).

The petitioner's remaining contentions are without merit. Sullivan, J.P., Pizzuto, Goldstein and Florio, JJ., concur.

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MATTER OF KALACHMAN v. BOARD OF TRUSTEES
(Feb 20, 1996)