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MATTER OF KNORR v. KELLY

35 A.D.3d 326 (2006)

825 N.Y.S.2d 364

In the Matter of HAROLD KNORR, 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.

Decided December 28, 2006.

The statutory presumption of General Municipal Law § 207-k (the Heart Bill) was overcome by credible medical evidence that petitioner's disabling heart condition is apical hypertrophic cardiomyopathy of unknown etiology but in no event related to occupational stress (see Matter of Bagarozza v McGuire, 64 N.Y.2d 1043 [1985]). While petitioner's expert opines that petitioner's coexistent...

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