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FIREFIGHTERS ASSN v. BEEKMAN

52 N.Y.2d 463 (1981)

Uniformed Firefighters Association, Local 94, IAFF, AFL-CIO, et al., Respondents, v. Augustus A. Beekman, as Fire Commissioner of the City of New York and Chairman of the Board of Trustees, et al., Appellants. In the Matter of the City of New York et al., Appellants, v. Nicholas Mancuso et al., Respondents. In the Matter of Samuel De Milia, as President of the Patrolmen's Benevolent Association of the City of New York, et al., Respondents, v. Robert J. McGuire, as Police Commissioner of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided April 2, 1981.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Leonard Koerner and Paul T. Rephen of counsel), for appellants in the first above-entitled matter.

Murray A. Gordon, Edward M. Edenbaum and Kenneth E. Gordon for respondents in the first above-entitled matter.

Allen G. Schwartz, Corporation Counsel (Leonard Koerner, Jeffrey D. Friedlander and Paul T. Rephen of counsel), for appellants in the second above-entitled matter.

W. Bernard Richland and David S. Weiss for respondents in the second above-entitled matter.

Chief Judge COOKE and Judges GABRIELLI, FUCHSBERG and MEYER concur with Judge WACHTLER; Judge JASEN dissents and votes to modify in a separate opinion in which Judge JONES concurs.

WACHTLER, J.

The question in these cases is whether section 207-k of the General Municipal Law, often called the "heart bill", establishes a presumption that a disabling or fatal heart condition suffered by a New York City policeman or fireman was accidentally sustained as a result of his employment which, if not rebutted by contrary proof, entitles the employee or his family to accidental, line-of-duty pension...

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