Opinion
December 9, 1991
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the judgment is affirmed, with costs.
The Board of Trustees of the New York City Fire Department, Article I-B Pension Fund, denied the petitioner's application for accidental benefits in consequence of a tie vote. Accordingly, the Board's decision can be set aside on judicial review only if it can be determined as a matter of law on the record that the disability was the natural and proximate result of a service related accident (Matter of Canfora v Board of Trustees, 60 N.Y.2d 347, 352; see also, Flinn v Aab, 167 A.D.2d 507; Matter of Gehm v Board of Trustees, 158 A.D.2d 687; Matter of Quill v Ward, 138 A.D.2d 305). The petitioner failed to meet his burden of proving that the disabling degenerative lumbar spine ailment was causally related to the line of duty injury sustained on March 28, 1988 (Matter of Christian v New York City Employees' Retirement Sys., 56 N.Y.2d 841; Matter of Drayson v Board of Trustees, 37 A.D.2d 378, 380, affd 32 N.Y.2d 852). Furthermore, although the petitioner contends in the alternative that his injury may have precipitated the development of a preexisting condition due to a number of line of duty injuries to his lower back from 1975 through 1980 (see, Matter of Tobin v Steisel, 64 N.Y.2d 254; Matter of Russo v Board of Trustees, 143 A.D.2d 674), there is no competent evidence on the record warranting a conclusion that the petitioner is entitled to greater benefits as a matter of law (see, Matter of Canfora v Board of Trustees, supra; Matter of Gehm v Board of Trustees, supra). Accordingly, the determination of the Board of Trustees denying the petitioner accidental disability benefits must be confirmed. Harwood, J.P., Balletta, Rosenblatt and Copertino, JJ., concur.