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Setting aside a decision denying an application for accidental disability retirement benefits resulting from a "tie vote"
5 Mar 2024, 6:00 am by Public Employment Law Press
Citing Matter Doorley v Kelly, 106 AD3d 554, the Appellate Division observed that a tie vote by the Trustees may only be set aside on judicial review if the court concludes that the applicant is entitled to the increased benefits as a matter of law based on the record because "the disability was the natural and proximate result of a service-related accident".The court further opined that not every line of duty injury will support an award of… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Setting aside a decision denying an application for accidental disability retirement benefits resulting from a "tie vote"
5 Mar 2024, 6:00 am by Public Employment Law Press
Citing Matter Doorley v Kelly, 106 AD3d 554, the Appellate Division observed that a tie vote by the Trustees may only be set aside on judicial review if the court concludes that the applicant is entitled to the increased benefits as a matter of law based on the record because "the disability was the natural and proximate result of a service-related accident".The court further opined that not every line of duty injury will support an award of… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/