Opinion
May 28, 1996
Appeal from the Supreme Court, Kings County (Garry, J.).
Ordered that the judgment is affirmed, with costs.
It is well-settled that where, as here, the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Board), denies an application for accidental disability benefits in consequence of a tie vote, "the Board's decision can be set aside on judicial review only if it can be determined as a matter of law * * * that the [petitioner's] disability was the natural and proximate result of a service related accident" ( Matter of Causarano v. Board of Trustees, 178 A.D.2d 474; see also, Matter of Canfora v. Board of Trustees, 60 N.Y.2d 347; Matter of Flynn v. Board of Trustees, 201 A.D.2d 730; Matter of Shedd v. Board of Trustees, 177 A.D.2d 632).
In the case at bar the petitioner failed to meet his burden of proving that his disabling back and hip condition was causally related to the line of duty injury sustained in January 1991 ( see, Matter of Christian v. New York City Employees' Retirement Sys., 56 N.Y.2d 841; Matter of Causarano v. Board of Trustees, supra). There is ample credible evidence in the record to support the conclusion that the petitioner's condition was degenerative in nature and not traumatically induced, despite the opinion of the petitioner's doctor to the contrary ( see, Matter of Massari v. Board of Trustees, 213 A.D.2d 648). Accordingly, the determination of the Board denying the accidental disability retirement benefits must be confirmed ( see, Matter of Canfora v Board of Trustees, supra). O'Brien, J.P., Santucci, Joy and Florio, JJ., concur.