MATTER OF CHACON v. O'NEILL

9304. 101644/16.

175 A.D.3d 426 (2019)

104 N.Y.S.3d 894

2019 NY Slip Op 06151

In the Matter of Aura Chacon, Respondent, v. James O'Neill et al., Appellants.

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

Decided August 20, 2019.


Because the Board of Trustees's denial of petitioner's application for accident disability retirement was the result of a tie vote, the issue for the reviewing court was whether there was any credible evidence of lack of causation, i.e., evidence that the disability was not the natural and proximate result of the 1996 service-related accident (see Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 N.Y.2d 139

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