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

37 A.D.3d 370 (2007)

829 N.Y.S.2d 901

In the Matter of KENNETH WALSH, Appellant, v. BOARD OF TRUSTEES OF THE NEW YORK CITY POLICE DEPARTMENT PENSION FUND, ARTICLE II, Respondent.

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

Decided February 27, 2007.

In view of the objective medical evidence demonstrating that petitioner's dilated cardiomyopathy was not accompanied by underlying stress-related coronary artery disease or hypertension, and the conclusions of various doctors that petitioner's disabling condition was of unknown origin, the statutory presumption set forth in General Municipal Law § 207-k was adequately rebutted, and the determination of respondent Board of Trustees that the condition was not job-related...

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