MATTER OF PELLICANE v. KELLY

10117, 111176/11.

106 A.D.3d 558 (2013)

965 N.Y.S.2d 803

2013 NY Slip Op 3590

In the Matter of ANTHONY PELLICANE, Appellant, v. RAYMOND KELLY, as the 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 May 21, 2013.


The statutory presumption of General Municipal Law § 207-k (Heart Bill) was overcome by credible medical evidence that petitioner's disabling heart condition is congenital and not related to occupational stress (see Matter of Goodacre v Kelly, 96 A.D.3d 625 [1st Dept 2012], lv denied 20 N.Y.3d 860 [2013]). Although petitioner's physician opined that petitioner's hypertension and asymmetric...

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