Furlong v. Safir

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered July 17, 2000, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul a determination of respondent Board of Trustees of the Police Pension Fund denying petitioner’s application for accident disability retirement benefits, unanimously affirmed, without costs.

Where, as here, accident disability retirement benefits are denied by the Board of Trustees as a consequence of a tie vote, “the reviewing court may not set aside the Board of Trustees’ denial * * * unless ‘it can be…