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MATTER OF BROWN v. WARD

211 A.D.2d 469 (1995)

621 N.Y.S.2d 1

In the Matter of Gloria J. Brown, Appellant, v. Benjamin Ward, as Police Commissioner of The City of New York and as Chairman of The Board of Trustees of the Police Pension Fund, Article II, et al., Respondents

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

January 12, 1995

Where there is an award of ordinary disability benefits made because of a tie vote by the Board of Trustees, the denial of accidental disability benefits can be set aside "only if the [reviewing] courts conclude that the retiree is entitled to [accident disability] benefits as a matter of law" (Matter of Canfora v Board of Trustees, 60 N.Y.2d 347, 352). Petitioner has not made such a showing...

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