MATTER OF RIVERA v. NEW YORK CITY FIRE DEP'T


232 A.D.2d 420 (1996)

648 N.Y.S.2d 641

In the Matter of Jorge W. Rivera, Respondent, v. New York City Fire Department et al., Appellants

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

October 7, 1996


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed.

Where the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, denies an application for accidental disability benefits in consequence of a tie vote, the Board's determination can be set aside on judicial review only if it can be concluded as a matter of law that the petitioner's disability...

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