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MATTER OF SIMMONS v. HERKOMMER

98 A.D.2d 651 (1983)

In the Matter of Michael Simmons, Respondent, v. Harold Herkommer, as Executive Director of The New York City Employees' Retirement System, et al., Appellants

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

December 15, 1983

The expert opinion of the medical board was that the type of heart disease from which petitioner suffered — valvular heart disease with aortic insufficiency — was of a kind that is not related to the stresses of occupational activities or the performance and discharge of police duties, but rather to childhood diseases. In our view this expert medical opinion constituted "competent evidence" sufficient to justify the...

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