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MATTER OF POLAK v. BD. OF TRS. OF THE NEW YORK CITY POLICE DEP'T ARTICLE II PENSION FUND

188 A.D.2d 341 (1992)

In the Matter of John Polak, Respondent, v. Board of Trustees of the New York City Police Department Article Ii Pension Fund et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 8, 1992

Upon judicial review, under CPLR article 78, of a determination of the Board of Trustees, which, upon a tie vote, has denied an application for an accident disability pension, the court should annul the determination if the record establishes, as a matter of law, that the disability was the natural and proximate result of a service-related accident (Matter of Canfora v Board of Trustees, 60 N.Y.2d 347, 352; Matter of Gehm v Board...

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