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

201 A.D.2d 730 (1994)

608 N.Y.S.2d 305

In the Matter of Melville F. Flynn, 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.

February 28, 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 (see, Matter of City of New York v Schoeck, 294 N.Y. 559, 568), "the Board's decision can be set aside on judicial review only if it can be determined as a matter of law on the record that the disability was the natural and...

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