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

204 A.D.2d 646 (1994)

612 N.Y.S.2d 622

In the Matter of Peter Petchonka, Appellant, v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, et al., Respondents

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

May 23, 1994

Ordered that the judgment is affirmed, with costs.

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 aside on judicial review only if it can be determined as a matter of...

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