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MATTER OF HOGG v. KELLY

7109, 112839/09.

93 A.D.3d 507 (2012)

940 N.Y.S.2d 82

2012 NY Slip Op 1872

In the Matter of DANIEL HOGG, 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 New York, First Department.

Decided March 15, 2012.

The determination that petitioner's condition was not incurred in the line of duty had a rational basis. The evidence included the opinion of petitioner's treating cardiologist that petitioner's stroke was "associated with" congenital heart defects which made a "presumptive diagnosis of paradoxical embolism a leading explanation for his stroke." Such evidence sufficed to rebut the statutory presumption set forth in General Municipal...

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