Matter of Starnella v. Bratton

Full title: In the Matter of FRANK STARNELLA, Appellant, v. WILLIAM J. BRATTON et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 10, 1997

240 A.D.2d 202 (N.Y. App. Div. 1997)

658 N.Y.S.2d 879

Opinion

June 10, 1997

Appeal from the Supreme Court, New York County (Sherry Klein-Heitler, J.).

We agree with the IAS Court that the denial of an accidental pension being the result of a tie vote by the Board of Trustees, the article 78 proceeding must be dismissed since it cannot be said as a matter of law that petitioner's fall was precipitated by an unexpected event or hazardous condition ( see, Matter of Gasparino v. Bratton, 236 A.D.2d 306; Matter of Danyi v. Board of Trustees, 176 A.D.2d 451, 452; Matter of Hallihan v. Ward, 169 A.D.2d 542).

Concur — Sullivan, J.P., Milonas, Rosenberger, Ellerin and Mazzarelli, JJ.