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MATTER OF SULLIVAN v. BD. OF TRS. OF THE NEW YORK CITY FIRE DEP'T

247 A.D.2d 544 (1998)

669 N.Y.S.2d 305

In the Matter of Richard Sullivan, Respondent, v. Board of Trustees of the New York City Fire Department et al., Appellants

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

February 17, 1998

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.

It is well established that where, as here, the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Board of Trustees), denies an application for accidental disability benefits by consequence of a tie vote, the determination can be set aside on judicial review only if it can be concluded...

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