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MATTER OF SHANNON v. REGAN

180 A.D.2d 862 (1992)

In the Matter of Judith Shannon, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York, Respondent

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

February 6, 1992

Respondent's expert testified that it was "highly unlikely" that decedent's fall while on duty precipitated his myocardial infarction. This testimony, coupled with the other medical evidence in the record showing that decedent's condition was long standing and severe, provided competent evidence to rebut the "heart presumption" created by Retirement and Social Security Law § 363-a (see, Matter of Nerney v New York State Policemen's & Firemen's Retirement...

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