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IN THE MATTER OF BARNES v. BOARD OF TRUSTEES OF NEW YORK FIRE DEPARTMENT

28 A.D.3d 655 (2006)

813 N.Y.S.2d 523

In the Matter of BRYANT BARNES, Appellant, v. BOARD OF TRUSTEES OF NEW YORK FIRE DEPARTMENT, SUB-CHAPTER II MEDICAL BOARD, et al., Respondents.

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

April 18, 2006.

Ordered that the judgment is affirmed, with costs.

"Where, as here, the respondent Board of Trustees of New York City Fire Department [Sub-Chapter II Medical Board] denies an application for an accident disability pension by a tie vote, pursuant to Matter of City of New York v. Schoeck (294 N.Y. 559 [1945]), this Court may set aside that determination only if it can conclude as a matter of law that the petitioner's disability was a natural and proximate result...

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