MATTER OF STARNELLA v. BRATTON


240 A.D.2d 202 (1997)

658 N.Y.S.2d 879

In the Matter of Frank Starnella, Appellant, v. William J. Bratton et al., Respondents

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

June 10, 1997


We agree with the IAS Court that the denial of an accidental pension being the result of a tie vote by the Board of Trustees, the article 78 proceeding must be dismissed since it cannot be said as a matter of law that petitioner's fall was precipitated by an unexpected event or hazardous condition (see, Matter of Gasparino v Bratton, 236 A.D.2d 306; Matter of Danyi v Board of Trustees, 176 A.D.2d 451...

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