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MATTER OF LUNT v. WARD

159 A.D.2d 404 (1990)

In the Matter of Daniel J. Lunt, Appellant, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

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

March 27, 1990

The conclusory opinion of the Medical Board of the Police Pension Fund, which stated, in the absence of stress tests, that petitioner's irregular heart beat (atrial fibrillation) stemmed from an unknown cause, was improperly relied upon by the Pension Fund's board of trustees as constituting competent medical evidence to rebut the "Heart Bill" presumption (see, General Municipal Law § 207-k; see also, Matter...

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