MATTER OF McCORMACK v. KELLY


206 A.D.2d 265 (1994)

614 N.Y.S.2d 503

In the Matter of Thomas P. McCormack, Appellant, v. Raymond W. Kelly et al., Respondents

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

July 7, 1994


The IAS Court correctly held that the Board of Trustees was not bound by the Medical Board's revised determination that petitioner's disabling back condition was the result of his having tripped over a sidewalk depression while carrying certain police records on foot in the line of duty. Where, as here, the decision to deny accidental disability benefits and to grant ordinary disability benefits is reached in consequence of a 6 to 6 tie vote, the denial of accidental disability...

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