ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

April 02, 2020

Judicial review of a board's administrative decision flowing from a tie vote

In this proceeding pursuant to CPLR Article 78, an applicant [Petitioner] for accidental disability retirement benefits sought judicial review of a determination of the Board of Trustees of the New York City Fire Department Article 1-B Pension Fund [Board] where the Board’s decision denying Petitioner’s application  for accidental disability benefits was the result of a tie vote.

The Appellate Divisions sustained the Board's decision, citing Canfora v Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art. II, 60 NY2d 347.* The court explained that under the circumstances the Board “must retire the applicant on an ordinary disability pension, and the determination of the Board … 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 a service-related accident."

The court’s opinion notes that the applicant has the burden of establishing that, as a matter of law, a causal relationship exists between the claimed service-related accident and the claimed disability. As long as there was any credible evidence of lack of causation before the Board, its determination must be sustained.

As the Appellate Division determined that [1] Petitioner failed to demonstrate a “casual relationship” between the alleged service-related accident and the claimed disability and [2] there was credible evidence before the Board that Petitioner's injury was not caused by the alleged accident, it concluded that the Board’s determination should not be disturbed.

* See, also, Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139.


The decision is posted on the Internet at:

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com