Opinion
April 25, 1994
Appeal from the Supreme Court, Kings County (Jackson, J.).
Ordered that the judgment is affirmed, with costs.
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 disability pension (see, Matter of City of New York v Schoeck, 294 N.Y. 559), and the Board's decision can be set aside only if it can be determined as a matter of law that the disability was a natural and proximate result of a service-related accident (see, Matter of Flynn v Board of Trustees, 201 A.D.2d 730; see also, Matter of Canfora v Board of Trustees, 60 N.Y.2d 347; Matter of Causarano v Board of Trustees, 178 A.D.2d 474). The petitioner has the burden of establishing, as a matter of law, that a causal relationship exists between his service-related accident and the claimed disability (see, Matter of Nicolosi v Board of Trustees, 198 A.D.2d 282).
Contrary to the petitioner's contention, the determination under review was not arbitrary or capricious; rather, the determination was based upon a comprehensive review of this matter by the Fire Department, Article 1-B Pension Fund Medical Board and the Board of Trustees (see, Matter of Bartsch v Board of Trustees, 142 A.D.2d 577). There was substantial medical evidence that the petitioner's disabling back condition was of nontraumatic origin (see, Matter of Russo v Board of Trustees, 143 A.D.2d 674, 676). The record does not indicate that the Board of Trustees failed to consider whether his line-of-duty accident precipitated the development of a latent injury, and hence, his disability (cf., Matter of Tobin v Steisel, 64 N.Y.2d 254). Since the petitioner did not meet his burden of proving a causal connection between his service-related accident and his disabling condition, the Supreme Court properly dismissed the petition (see, Matter of Scotto v Board of Trustees, 76 A.D.2d 774, 775, affd 54 N.Y.2d 918; see also, Matter of Fitzpatrick v Board of Trustees, 203 A.D.2d 460; Matter of Hodges v Board of Trustees, 203 A.D.2d 365; Matter of Nicolosi v Board of Trustees, 198 A.D.2d 282, supra). Thompson, J.P., Balletta, Pizzuto and Joy, JJ., concur.