Deleston v. Safir

—Order, Supreme Court, New York County (Charles Tejada, J.), entered August 12, 1999, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul respondents’ determination, dated on or about August 13, 1997, denying petitioner accident disability retirement benefits, unanimously affirmed, without costs.

Where, as here, accident disability benefits are denied as a consequence of a tie vote of respondent Board of Trustees, the denial may not be judicially disturbed unless the petitioner establishes that the determination is completely unsupported by…