Jacobellis v. Board of Trustees

Petitioner, a police officer who aggravated a previously sustained back injury while lifting a typewriter, brought this proceeding pursuant to CPLR article 78 to review respondent’s award of an ordinary disability retirement pension, rather than an accidental disability retirement pension. The award was made after the Board of Trustees failed, in a 6-to-6 tie vote, to adopt either a motion to retire petitioner on accidental disability benefits or one to retire him on ordinary disability benefits. (See, Matter of City of New York v Schoeck, 294 NY 559.) The lower court granted the petition and…