MATTER OF KREIE v. BD. OF TRS. OF THE NEW YORK CITY FIRE DEP'T, ARTICLE IB PENSION FUND


143 A.D.2d 350 (1988)

In the Matter of Thomas H. Kreie, Appellant, v. Board of Trustees of the New York City Fire Department, Article IB Pension Fund, et al., Respondents

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

September 12, 1988


Ordered that the judgment is affirmed, with costs.

The evidence contained in the present record is sufficient to support the conclusion that the petitioner's current disability is unrelated to a heart condition from which he claims to suffer. Since his disability was not caused by heart disease, the presumption found in General Municipal Law § 207-k is inapplicable. Moreover, even assuming that the petitioner's disability is related to his heart condition, we...

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