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MATTER OF DAWE v. SAFIR

265 A.D.2d 165 (1999)

696 N.Y.S.2d 40

In the Matter of THOMAS DAWE, Appellant, v. HOWARD SAFIR, as Police Commissioner of the City of New York and as Chair of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.

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

Decided October 5, 1999.

Where, as here, respondent Board of Trustees, by reason of a tie vote, fails to conclude that a disability was caused by a service-related accident, the Board's consequent denial of accident disability retirement benefits may not be disturbed unless it is unsupported by any credible evidence of lack of causation (see, Matter of Meyer v Board of Trustees of N. Y. City Fire Dept., 90 N.Y.2d 139, 144-145). Here, respondent acted on...

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