Opinion
2003-03636.
Decided May 24, 2004.
In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, dated April 18, 2000, denying the petitioner's application for accidental disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Hall, J.), dated May 22, 2001, which denied the petition.
Seelig Ungaro, New York, N.Y. (Philip H. Seelig and Robert A. Ungaro of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath, Jay Douglas Dean, and Victoria Scalzo of counsel), for respondents.
Before: DAVID S. RITTER, J.P., SANDRA L. TOWNES, WILLIAM F. MASTRO, PETER B. SKELOS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, awarding the petitioner only ordinary disability retirement benefits pursuant to a tie vote, was based on credible evidence showing that the petitioner's disability was caused by a long-term degenerative condition. The petitioner failed to show, as a matter of law, that the disability was the result of a service-related injury ( see Matter of Meyer v. Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 N.Y.2d 139; Matter of Ryan v. Board of Trustees of the N.Y. City Fire Dept. Art. 1-B Pension Fund, 247 A.D.2d 480).
Accordingly, the Supreme Court properly denied the petition.
RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.