Gasparino v. Bratton

—Judgment (denominated an order), Supreme Court, New York County (Beatrice Shainswit, J.), entered October 12, 1995, which denied petitioner’s application brought pursuant to CPLR article 78 to annul the determination of respondent Board of Trustees of the Police Pension Fund that petitioner was not entitled to accident disability retirement benefits, and dismissed the petition, unanimously affirmed, without costs.

Where, as here, the denial of accidental disability benefits is the result of a tie vote of the Trustees, the determination can be set aside upon judicial review only if the court…