Legal Opinion
Jung v. Board of Trustees of New York City Fire Department
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1996PublishedCited by 3 opinions
1Opinion of the Court
It is well settled that when the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Board), denies an application for accidental disability benefits in consequence of a tie vote, the Board’s determination can be set aside on judicial review only if it can be concluded as a matter of law that the petitioner’s disability was the natural and proximate result of a service-related accident (see, Matter of Canfora v Board of Trustees, 60 NY2d 347; Matter of Coleman v Board of Trustees, 224 AD2d 522; Matter of Massari v Board of Trustees, 213 AD2d 648,…
2Cases cited13 opinions
- Canfora v. Board of Trustees of the Police Pension FundNew York Court of Appeals · 1983
- Matter of Radigan v. O'ConnellNew York Court of Appeals · 1952
- Causarano v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1991
- Matter of Scotto v. Bd. of Trs. of the Police Pension Fund of the City of New York, Article IINew York Court of Appeals · 1981
- Nicolosi v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by3 opinions
- Wesarg v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1998
- Rivera v. New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1996
- Matter of D'Alessandro v. NigroAppellate Division of the Supreme Court of the State of New York · 2020