Matter of Titza v. Kelly

Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered on or about March 3, 2014, denying the petition seeking, inter alia, to annul the determination of respondent Board of Trustees of the Police Pension Fund, which denied petitioner’s application for accidental disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The statutory presumption in petitioner’s favor that his strokes were service related (General Municipal Law § 207-k) was rebutted by credible evidence that the etiology of his strokes…