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MATTER OF WELCH v. SAFIR

293 A.D.2d 295 (2002)

739 N.Y.S.2d 567

In the Matter of KATHERINE WELCH, as Widow and Beneficiary of GLENN WELCH, Deceased, Appellant, v. HOWARD SAFIR, 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.

Decided April 9, 2002.

Since the denial of petitioner's application for Heart Bill death benefits was the result of a tie vote by respondent Board of Trustees, petitioner is entitled to only ordinary death benefits if respondents adduce competent evidence that petitioner's husband's disabling and ultimately fatal heart condition was not the result of his work as a police officer, and the record does not permit a finding to the contrary as a matter of...

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