Pellicane v. Kelly
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered March 20, 2012, denying the petition to annul respondents’ determination, which denied petitioner’s application for accident disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
The statutory presumption of General Municipal Law § 207-k (Heart Bill) was overcome by credible medical evidence that petitioner’s disabling heart condition is congenital and not related to occupational stress (see Matter of Goodacre v Kelly, 96 AD3d 625 [1st Dept…
2Cases cited1 opinion
- Knorr v. KellyAppellate Division of the Supreme Court of the State of New York · 2006