Callahan v. Board of Trustees of New York City Fire Department
Opinion of the Court
In a proceeding to review a determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, dated December 29, 1993, which denied the petitioner accident disability benefits, the appeal is from a judgment of the Supreme Court, Kings County (Ramirez, J.), dated January 12, 1995, which granted the petition, annulled the determination, and directed that the appellants award the petitioner accident disability retirement benefits retroactive to the date of his service-connected injury.
Ordered that the judgment is reversed, on the law, with costs, the petition is dismissed on the merits, and the determination denying accidental disability retirement is confirmed.
The sole issue on this appeal is whether the petitioner is entitled to greater retirement benefits as a matter of law. Where, as here, the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, denies an application for accidental disability benefits as a result of a tie vote, the Board’s determination can be set aside on judicial review only if it can be concluded as a matter of law that the petitioner’s disability was the natural and proximate result of
The medical evidence in this case was equivocal with respect to the issue of causation. Thus, we find that the petitioner has failed to sustain his burden of proving a causal relation between his line-of-duty accidents and his disabling condition as a matter of law. Rosenblatt, J. P., Copertino, Altman and Friedmann, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.