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MATTER OF TUBRIDY v. NEW YORK CITY FIRE DEPARTMENT

2 A.D.3d 451 (2003)

767 N.Y.S.2d 811

In the Matter of TIMOTHY TUBRIDY, Appellant, v. NEW YORK CITY FIRE DEPARTMENT et al., Respondents.

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

December 1, 2003.

Ordered that the judgment is affirmed, with costs.

The petitioner received ordinary disability retirement benefits, rather than the accident disability retirement benefits which he requested, as a consequence of a tie vote by the members of the respondent Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund (see Matter of Canfora v Board of Trustees, 60 N.Y.2d 347 [1983]). Under such circumstances...

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