Opinion
February 17, 1998
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.
It is well established that where, as here, the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Board of Trustees), denies an application for accidental disability benefits by consequence of a tie vote, the determination can be set aside on judicial review only if it can be concluded as a matter of law that the petitioner's disability was the natural and proximate result of a service related injury ( see, Matter of Canfora v. Board of Trustees, 60 N.Y.2d 347; Matter of Causarano v. Board of Trustees, 178 A.D.2d 474; Matter of Shedd v. Board of Trustees, 177 A.D.2d 632). As long as there is any evidence of lack of causation before the Board of Trustees, its determination may not be disturbed ( see, Matter of Meyer v. Board of Trustees, 90 N.Y.2d 139, 145; Matter of Carbone v. Board of Trustees, 242 A.D.2d 530).
Applying these principles to the facts of the present case, there was credible evidence before the Board of Trustees of lack of causation and, thus, its award of ordinary disability benefits should not have been annulled ( see, Matter of Meyer v. Board of Trustees, supra, at 150-151; Matter of Carbone v. Board of Trustees, supra).
Miller, J. P., Ritter, Pizzuto and Altman, JJ., concur.