MATTER OF GASPARINO v. BRATTON


236 A.D.2d 306 (1997)

653 N.Y.S.2d 591

In the Matter of Anthony Gasparino, Appellant, v. William J. Bratton, as Police Commissioner of The City of New York, et al., Respondents

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

February 25, 1997


Where, as here, the denial of accidental disability benefits is the result of a tie vote of the Trustees, the determination can be set aside upon judicial review only if the court concludes that the retiree is entitled to the greater benefit as a matter of law (Matter of Canfora v Board of Trustees, 60 N.Y.2d 347; Matter of Hipple v Ward, 146 A.D.2d 201, 207, lv denied 74 N.Y.2d 614...

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