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MATTER OF GILL v. BOARD OF TRUSTEES OF THE POLICE PENSION FUND, ARTICLE II

41 A.D.3d 280 (2007)

838 N.Y.S.2d 542

In the Matter of JAMES GILL, Appellant, v. BOARD OF TRUSTEES OF THE POLICE PENSION FUND, ARTICLE II, et al., Respondents.

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

Decided June 21, 2007.

Where, as here, the determination of the Board of Trustees is the result of a tie vote, a court may not set aside the denial of an accidental disability retirement "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 of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 N.Y.2d 139, 145 [1997] [internal...

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