MATTER OF FISCHER v. LEVITT


65 A.D.2d 858 (1978)

In the Matter of Nelson G. Fischer, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1978


Subdivision 1 of section 363-a of the Retirement and Social Security Law provides that "any condition of impairment of health caused by diseases of the heart, resulting in disability or death to a fireman shall be presumptive evidence that it was incurred in the performance and discharge of duty and the natural and proximate result of an accident, unless the contrary be proved by competent evidence." The sole issue here is whether there is sufficient evidence in the record...

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