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IN THE MATTER OF BARRETT v. KELLY

30 A.D.3d 225 (2006)

816 N.Y.S.2d 461

In the Matter of DEIDRE BARRETT, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York and as Chairman 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 13, 2006.

The Medical Board's determination that petitioner's arrhythmia was not job- or stress-related was based upon competent medical evidence that sufficiently rebutted the presumption contained in General Municipal Law § 207-k. This includes its examinations of petitioner and its review of her medical records, which showed no evidence of any other type of heart disease and evidence that her symptoms continued even subsequent to her retirement, in the absence of job-related...

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