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


228 A.D.2d 598 (1996)

644 N.Y.S.2d 747

In the Matter of George W. Hacker, Respondent, v. Board of Trustees of New York City Fire Department, Article 1-B Pension Fund, et al., Appellants

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

June 17, 1996


Ordered that the order and 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, 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...

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