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MATTER OF GUZMAN v. SAFIR

293 A.D.2d 281 (2002)

739 N.Y.S.2d 707

In the Matter of YVETTE GUZMAN, Appellant, v. HOWARD E. SAFIR et al., Respondents.

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

Decided April 4, 2002.

Supreme Court correctly ruled that respondent Board of Trustees' determination, denying petitioner accidental disability retirement benefits as a consequence of a tie vote, was not arbitrary and capricious because there was some credible evidence to support the Board's conclusion that petitioner's disability was not caused by a service-related accident (see, Matter of Harris v Safir, 284 A.D.2d 220, 221). In reaching its determination...

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