Majority
p. 687In the Matter of Ludwig Gehm, Appellant, v Board of Trustees of the New York City Fire Department, Article I-B Pension Fund, et al., Respondents.
The Board of Trustees denied the petitioner’s application for an accident disability pension following a vote of six in favor and six against. Under such circumstances, the decision of the Board of Trustees must stand "[u]nless it can be determined as a matter of law on the record that the disability was the natural and proximate result of a service-related accident”
p. 688
(Matter of Canfora v Board of Trustees, 60 NY2d 347 , 352; see also, Matter of McCambridge v McGuire, 62 NY2d 563 ; Matter of Quill v Ward, 138 AD2d 305 ). Though the petitioner claims that his accident precipitated the development of the latent disabling condition (see generally, Matter of Tobin v Steisel, 64 NY2d 254 , 257; Matter of Whitton v Spinnato, 143 AD2d 274 ; Matter of Petrella v Board of Trustees, 141 AD2d 361 ; Matter of Wygand v Regan, 135 AD2d 1060 ), the record is equivocal in that regard. Therefore, it cannot be said as a matter of law that the petitioner sustained his burden of establishing a causal relation between the accident and his disabling condition. Accordingly, the Board of Trustees’ determination was properly confirmed (see, Matter of Whitton v Spinnato, supra; Matter of Martucci v Fire Dept., 123 AD2d 630 ; Matter of Tarr v Board of Trustees, 98 AD2d 687 ). Kooper, J. P., Harwood, Rosenblatt and Miller, JJ., concur.
Cases cited
- Canfora v. Board of Trustees of the Police Pension Fund 60 NY2d 347 at 352 p. 688
- McCambridge v. McGuire 62 NY2d 563 p. 688
- Quill v. Ward 138 AD2d 305 p. 688
- Tobin v. Steisel 64 NY2d 254 at 257 p. 688
- Whitton v. Spinnato 143 AD2d 274 p. 688
- Petrella v. Board of Trustees of the Police Pension Fund 141 AD2d 361 p. 688
- Wygand v. Regan 135 AD2d 1060 p. 688
- Martucci v. Fire Department 123 AD2d 630 p. 688