MATTER OF D'ALESSANDRO v. NIGRO

2018-10056, Index No. 1556/17.

181 A.D.3d 596 (2020)

117 N.Y.S.3d 609

2020 NY Slip Op 01497

In the Matter of Nicholas L. D'Alessandro, Appellant, v. Daniel A. Nigro et al., Respondents.

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

Decided March 4, 2020.


Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court's determination denying the petition and dismissing the proceeding. Where the Board of Trustees of the New York City Fire Department Article 1-B Pension Fund (hereinafter the Board of Trustees) denies an application for accidental disability benefits as the result of a tie vote, as occurred here, the Board of Trustees must retire the applicant on an ordinary disability pension, and...

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