Dawe v. Safir

—Order and judgment (one paper), Supreme Court, New York County (Helen Freedman, J.), entered April 24,1998, which denied petitioner’s application pursuant to CPLR article 78 to annul a determination of respondent Board of Trustees, dated October 15, 1996, denying petitioner’s application for accident disability retirement benefits, and dismissed the proceeding, unanimously affirmed, without costs.

Where, as here, respondent Board of Trustees, by reason of a tie vote, fails to conclude that a disability was caused by a service-related accident, the Board’s consequent denial of accident…