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MATTER OF McCARTHY v. BOARD OF TRUSTEES OF THE NEW YORK CITY POLICE PENSION FUND, ARTICLE II

306 A.D.2d 156 (2003)

760 N.Y.S.2d 326

In the Matter of JOHN McCARTHY, Respondent, v. BOARD OF TRUSTEES OF THE NEW YORK CITY POLICE PENSION FUND, ARTICLE II, et al., Appellants.

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

Decided June 19, 2003.

The motion court correctly held that the undisputed evidence of stress-related heart disease accompanying petitioner's admittedly disabling atrial fibrillation, including hypertension, left ventricular hypertrophy and dyspnea, raised a presumption that the disability was job-related which respondents failed to rebut (see Matter of Lunt v Kelly, 227 A.D.2d 200 [1996], lv denied 90 N.Y.2d 803 [1997]). However, the motion court...

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