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MATTER OF HESS v. BD. OF TRS. OF THE POLICE PENSION FUND OF THE POLICE DEP'T OF THE CITY OF NEW YORK

255 A.D.2d 163 (1998)

680 N.Y.S.2d 791

In the Matter of Robert Hess, Appellant, v. Board of Trustees of the Police Pension Fund of the Police Department of the City of New York, Respondent

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

November 12, 1998

Where, as here, the decision to deny accident disability retirement benefits is reached in consequence of a tie vote by respondent Board of Trustees, that determination is subject to judicial annulment only if the retiree is entitled to greater benefits as a matter of law (Matter of Canfora v Board of Trustees of Police Pension Fund, 60 N.Y.2d 347, 352). Petitioner, a member of the New York Police Department Harbor Unit, sustained...

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