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MATTER OF GUIDAL v. BOARD OF TRUSTEES OF THE NEW YORK CITY FIRE DEPARTMENT

275 A.D.2d 458 (2000)

713 N.Y.S.2d 130

In the Matter of WILLIAM GUIDAL, Appellant, v. BOARD OF TRUSTEES OF THE 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 August 28, 2000.

Ordered that the judgment is affirmed, with costs.

Where 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 as a consequence of a tie vote, the Board's determination can be set aside on judicial review only if it can be concluded as a matter of law that the petitioner's disability was the natural and proximate result of a service-related injury (see...

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