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MTR MEYER v. BD OF TRS.

90 N.Y.2d 139 (1997)

681 N.E.2d 382

659 N.Y.S.2d 215

In the Matter of Robert G. Meyer, Respondent, v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, by Howard Safir, Chairman, et al., Appellants. In the Matter of George W. Hacker, Respondent, v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, et al., Appellants. In the Matter of Walter Sorrenti, Respondent, v. New York City Fire Department, Article 1-B Pension Fund, Appellant. In the Matter of Charles J. Pomilla, Respondent, v. Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, by Carlos Rivera, Chairman, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 8, 1997.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Mordecai Newman, Larry A. Sonnenshein, George Gutwirth, Ellen Ravitch and Margaret G. King of counsel), for appellants in the first, second, third and fourth above-entitled proceedings.

Jeffrey L. Goldberg, P. C., Elmhurst (Martina I. Schmidt and Jeffrey L. Goldberg of counsel), for respondent in the first and fourth above-entitled proceedings.

Thomas F. McCarthy, New York City, for respondent in the second above-entitled proceeding.

Noah A. Kinigstein, New York City, for respondent in the third above-entitled proceeding.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

These appeals involve a recurring question concerning the standard of judicial review when the Board of Trustees of the New York City Fire Department Pension Fund denies, by tie vote, a firefighter's application for service-related accidental disability retirement and grants only the lesser ordinary disability retirement benefits. In each case, the pension fund Medical Board found the firefighter incapacitated...

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