MATTER OF VALLAS v. SAFIR


304 A.D.2d 353 (2003)

757 N.Y.S.2d 46

In the Matter of MARTHA VALLAS, Appellant, v. HOWARD SAFIR et al., Respondents.

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

Decided April 8, 2003.


The statutory presumption in petitioner's favor that her heart condition, first diagnosed several years after she joined respondent Department's employ in October 1990, was sustained as a result of her employment (see General Municipal Law § 207-k), was rebutted by evidence competent to support the Medical Board's conclusion that petitioner suffered from idiopathic dilated cardiomyopathy unaccompanied by coronary artery disease or hypertension. Accordingly, petitioner...

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