Callaghan v. Bratton

Order and judgment (one paper), Supreme Court, New York County (Jane Solomon, J.), entered April 14, 1997, which granted the petition, annulled respondents’ June 7, 1995 determination *391granting petitioner ordinary disability retirement rather than accident disability retirement and awarded petitioner accident disability retirement pursuant to General Municipal Law § 207-k as a matter of law, unanimously reversed, on the law, without costs, the petition denied and the proceeding dismissed.

Pursuant to General Municipal Law § 207-k, the “Heart Bill”, respondents rebutted the presumption that…