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MATTER OF RUTHERFORD v. SAFIR

268 A.D.2d 361 (2000)

700 N.Y.S.2d 830

In the Matter of JOHN RUTHERFORD, Appellant, v. HOWARD SAFIR et al., Respondents.

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

Decided January 25, 2000.

Petitioner's application for accident disability retirement benefits was denied by respondent Board of Trustees of the Police Pension Fund after the Medical Board of the Police Pension Fund declined, by a tie vote, to find that petitioner's disability was the result of an "accident" within the meaning of Administrative Code of the City of New York § 13-252. In these circumstances, petitioner's entitlement to article 78 relief annulling respondent's determination denying...

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