MATTER OF HUTNIK v. KELLY


37 A.D.3d 346 (2007)

830 N.Y.S.2d 138

In the Matter of JOHN HUTNIK, Appellant, v. RAYMOND KELLY, 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 February 22, 2007.


The statutory presumption in petitioner's favor that his cardiomyopathy is service related (General Municipal Law § 207-k) was rebutted by credible evidence that petitioner, contrary to the opinion of his doctor, does not suffer from hypertension, and the absence of any evidence, or indeed claim, of any other possible cause for the condition (see Matter of Vallas v Safir, 304 A.D.2d 353

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