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

227 A.D.2d 626 (1996)

643 N.Y.S.2d 197

In the Matter of Brian V. McMurrough, Appellant, v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund et al., Respondents

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

May 28, 1996

Ordered that the judgment is affirmed, with costs.

It is well-settled that where, as here, the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Board), denies an application for accidental disability benefits in consequence of a tie vote, "the Board's decision can be set aside on judicial review only if it can be determined as a matter of law * * * that the [petitioner's] disability was the natural and proximate result...

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