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

232 A.D.2d 647 (1996)

648 N.Y.S.2d 996

In the Matter of Thomas Sweetman, 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.

October 28, 1996

Ordered that the judgment is affirmed, with costs.

The petitioner received ordinary disability retirement benefits, rather than the accident disability retirement benefits which he requested, as a consequence of a tie vote by the members of the respondent board of trustees (see, Matter of Canfora v Board of Trustees, 60 N.Y.2d 347; Matter of City of New York v Schoeck, 294 N.Y. 559). Under these circumstances...

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