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

289 A.D.2d 335 (2001)

734 N.Y.S.2d 571

In the Matter of MICHAEL NASTASUK, Respondent, v. BOARD OF TRUSTEES OF NEW YORK FIRE DEPARTMENT ARTICLE 1-B PENSION FUND et al., Appellants.

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

Decided December 10, 2001.

Ordered that the judgment is affirmed, with costs.

When the Board of Trustees of the New York Fire Department Article 1-B Pension Fund grants ordinary disability retirement benefits based on a tie vote of six to six, as in this case, a reviewing court may not set aside the denial of accidental disability retirement benefits unless it can be determined as a matter of law on the record that the disability was the natural and proximate result of a service-related accident...

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