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MATTER OF MARTUCCI v. FIRE DEPT. OF CITY
Appellate Division of the Supreme Court of New York, Second Department.
Oct 2, 1986
Judgment affirmed, with costs.
The petitioner has failed to sustain his burden of establishing a causal connection between his knee injuries of March 1977 and October 1981, and his disabling osteoarthritis (see, Matter of Christian v New York City Employees' Retirement Sys., 56 N.Y.2d 841, 843). Because it cannot be concluded on this record that the petitioner was entitled to an accidental disability pension as a matter of law, the Trustees' determination must be confirmed (see, Matter of Canfora v Board of Trustees, 60 N.Y.2d 347, 352). Bracken, J.P., Brown, Niehoff and Eiber, JJ., concur.
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