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MATTER OF STEGMULLER v. BROWN

216 A.D.2d 23 (1995)

627 N.Y.S.2d 638

In the Matter of Alan Stegmuller, Appellant, v. Lee P. Brown, as Police Commissioner of The City of New York and as Executive Chair of The Board of Trustees of the Police Pension Fund, Article II, et al., Respondents

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

June 6, 1995

Pursuant to section 207-k of the General Municipal Law, also known as the Heart Bill, respondent rebutted the presumption that petitioner's heart condition was job related after carefully viewing all of the medical evidence including stress tests and an EKG examination, all of which proved negative for cardiac damage. (See, e.g., Matter of Gumbrecht v McGuire, 117 A.D.2d 531.) Neither the Medical Board nor the Board of Trustees...

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