Legal Opinion
Sorrenti v. New York City Fire Department
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1996PublishedCited by 1 opinion
1Opinion of the Court
It is well settled that when there is a tie vote of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Board of Trustees) in determining whether accident disability retirement is appropriate, the Board of Trustees must retire the applicant on an ordinary dis*510ability pension (see, Matter of City of New York v Schoeck, 294 NY 559), and the Board’s decision can be set aside on judicial review only if it can be determined as a matter of law on the record that the disability was a natural and proximate result of a service-related accident (see,…
2Cases cited10 opinions
- Canfora v. Board of Trustees of the Police Pension FundNew York Court of Appeals · 1983
- Matter of City of New York v. SchoeckNew York Court of Appeals · 1945
- Tobin v. SteiselNew York Court of Appeals · 1985
- MTR. OF DRAYSON v. Bd. of Trs.Appellate Division of the Supreme Court of the State of New York · 1971
- Matter of Radigan v. O'ConnellNew York Court of Appeals · 1952
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3Cited by1 opinion
- Meyer v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1996