Opinion
Decided December 20, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MANUEL A. GOMEZ, J.
Richard A. Dienst for appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Pamela Seider Dolgow of counsel), for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs. Inasmuch as it cannot be determined on the record in this case that appellant was entitled to accidental disability benefits as a matter of law, the determination of respondent board of trustees will not be disturbed. ( Matter of Canfora v Board of Trustees of Police Pension Fund, 60 N.Y.2d 347.)
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, in a memorandum.