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MATTER OF DEICHLER v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT, ARTICLE 1-B PENSION FUND

257 A.D.2d 574 (1999)

683 N.Y.S.2d 586

In the Matter of WILLIAM DEICHLER, Appellant, v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT, ARTICLE 1-B PENSION FUND, et al., Respondents.

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

Decided January 11, 1999.

Ordered that the judgment is affirmed, with costs.

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), denies an application for accidental disability benefits in consequence of a tie vote (see, Matter of City of New York v Schoeck, 294 N.Y. 559) the Board's determination can be set aside on judicial review only if it can

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