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MATTER OF HINE v. RIVERA

226 A.D.2d 534 (1996)

641 N.Y.S.2d 85

In the Matter of Raymond J. Hine, Appellant, v. Carlos Rivera, as Commissioner 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 15, 1996

Ordered that the order is affirmed insofar as appealed from, 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, Article 1-B Pension Fund, 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...

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