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MATTER OF KING v. BOARD OF TRUSTEES OF NEW YORK CITY FIRE DEPARTMENT

269 A.D.2d 597 (2000)

703 N.Y.S.2d 277

In the Matter of MICHAEL KING, 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 February 28, 2000.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner's request for accident disability retirement (hereinafter ADR) benefits was denied upon a tie vote of the respondent Board of Trustees of the New York City Fire Department (hereinafter the Board), and he was awarded only ordinary disability retirement (hereinafter ODR) benefits. The petitioner contends that he suffered hearing loss as...

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