Welch v. Safir

Judgment, Supreme Court, New York County (Charles Ramos, J.), entered October 12, 2000, which denied petitioner’s application to annul respondent’s determination denying her accidental death benefits, and dismissed the petition, unanimously affirmed, without costs.

Since the denial of petitioner’s application for Heart Bill death benefits was the result of a tie vote by respondent Board of Trustees, petitioner is entitled to only ordinary death *296benefits if respondents adduce competent evidence that petitioner’s husband’s disabling and ultimately fatal heart condition was not the result of his…