Santangelo v. Kelly

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered on or about July 17, 2009, which denied the petition to annul respondents’ determination denying petitioner’s application for accident disability retirement (ADR) pension benefits, unanimously affirmed, without costs.

A reviewing court may not set aside a denial of ADR due to a tie vote on the issue of whether the petitioner’s disability is causally related to the service-related injuries “unless ‘it can be determined as a matter of law on the record that the disability was the natural and proximate result of a…