Williams v. Ward

Judgment (denominated an order), Supreme Court, New York County (William McCooe, J.), entered February 6,1995, which denied petitioner’s application pursuant to CPLR article 78 to annul respondents’ determination denying petitioner’s application for an accident disability pension, unanimously affirmed, without costs.

*308Since the subject denial of petitioner’s claim for accident disability benefits was the result of a 6 to 6 tie vote by respondent Board of Trustees, the decision can be set aside on judicial review only if it can be determined "as a matter of law on the record” that petitioner’s…