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MATTER OF VAN BUREN v. REGAN

196 A.D.2d 934 (1993)

601 N.Y.S.2d 977

In the Matter of Martin E. Van Buren, Appellant, 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.

September 23, 1993

It is uncontroverted that petitioner suffers from mitral valve prolapse (hereinafter MVP), a structural abnormality of the heart which takes years to develop. The medical experts for petitioner and the New York State and Local Police and Fire Retirement System both agreed that the cause of MVP is unknown. The expert for the Retirement System testified, however, that there is no evidence that MVP is produced by the physical activity or emotional strain that petitioner might...

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