MATTER OF HODGES v. BD. OF TRS. OF THE NEW YORK CITY FIRE DEP'T, ARTICLE 1-B PENSION FUND


203 A.D.2d 365 (1994)

609 N.Y.S.2d 942

In the Matter of Frederick D. Hodges, Respondent, v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, et al., Appellants

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

April 11, 1994


Ordered that the judgment is reversed, on the law, with costs, the determination of the Board of Trustees is confirmed, and the proceeding is dismissed on the merits.

It is well settled that when there is a tie vote of the Board of Trustees of the New York City Fire Department in determining whether accident disability retirement is appropriate, the Board of Trustees must retire the applicant on an ordinary disability pension...

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