Hess v. Board of Trustees of the Police Pension Fund of the Police Department

—Judgment, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about January 7, 1997, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s determination denying his application for an accident disability pension, and dismissed the petition, unanimously affirmed, without costs.

Where, as here, the decision to deny accident disability retirement benefits is reached in consequence of a tie vote by respondent Board of Trustees, that determination is subject to judicial annulment only if the retiree is entitled to greater benefits as a matter…