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MATTER OF FURLONG v. SAFIR

295 A.D.2d 248 (2002)

743 N.Y.S.2d 862

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

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

Decided June 25, 2002.

Where, as here, accident disability retirement benefits are denied by the Board of Trustees as a consequence of a tie vote, "the reviewing court may not set aside the Board of Trustees' denial * * * 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'" (Matter of Meyer v Board of Trustees, 90 N.Y.2d 139, 145, quoting Matter of Canfora...

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