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MATTER OF MEJIA v. KERIK

301 A.D.2d 385 (2003)

753 N.Y.S.2d 77

In the Matter of LUCIANO MEJIA, Respondent, v. BERNARD B. KERIK, as Police Commissioner of the City of New York and as Chair of the Police Pension Fund, Article II, et al., Appellants.

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

Decided January 9, 2003.

Where, as here, the decision to deny accident disability benefits to a retired police officer is the result of a tie vote by respondent Board of Trustees of the Police Pension Fund, the determination is subject to judicial annulment only if it can be determined on the record that the retiree is entitled to greater benefits as a matter of law (see Matter of Meyer v Board of Trustees, 90 N.Y.2d 139, 145; Matter of Canfora v Board...

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