Lunt v. Kelly

Order and judgment (one paper), Supreme Court, New York County (Carol Arber, J.), entered on or about October 14, 1994, which granted petitioner’s application pursuant to CPLR article 78 to annul respondents’ determination denying petitioner accidental disability retirement benefits, unanimously affirmed, without costs.

We agree with the IAS Court that respondents failed to rebut the presumption that petitioner’s atrial fibrillation and hypertension were incurred in the performance of his duties as a police officer (General Municipal Law § 207-k) with competent evidence supporting their claim…