Opinion
January 25, 2000
Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered June 15, 1998, which dismissed the petition pursuant toCPLR article 78 to annul respondents' determination denying petitioner accident disability retirement benefits, unanimously affirmed, without costs.
Elliot I. Susser, for petitioner-appellant.
Alan Beckoff, for respondents-respondents.
ELLERIN, J.P., SAXE, BUCKLEY, FRIEDMAN, JJ.
Petitioner's application for accident disability retirement benefits was denied by respondent Board of Trustees of the Police Pension Fund after the Medical Board of the Police Pension Fund declined, by a tie vote, to find that petitioner's disability was the result of an "accident" within the meaning of Administrative Code § 13-252. In these circumstances, petitioner's entitlement to article 78 relief annulling respondent's determination denying him accident disability retirement benefits was contingent upon his showing that there was no credible evidence to support the Board of Trustees' determination, and that his disability was, as a matter of law, the natural and proximate result of a service-related accident (see, Matter of Meyer v. Bd. of Trustees, 90 N.Y.2d 139, 145). As petitioner failed to make such a showing, his petition was properly dismissed.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.