MATTER OF FITZPATRICK v. BD. OF TRS. OF THE NEW YORK CITY FIRE DEP'T


203 A.D.2d 460 (1994)

610 N.Y.S.2d 857

In the Matter of Frank J. Fitzpatrick, Appellant, v. Board of Trustees of the New York City Fire Department et al., Respondents

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

April 18, 1994


Ordered that the judgment is affirmed, with costs.

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 (see, Matter of City of New York v Schoeck, 294 N.Y. 559), and the Board's decision can be set ...

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