MATTER OF FESLER v. BRATTON

5210. 100587/14.

156 A.D.3d 534 (2017)

68 N.Y.S.3d 407

2017 NY Slip Op 08881

In the Matter of ANDREW FESLER, Appellant, v. WILLIAM J. BRATTON et al., Respondents.

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

Decided December 21, 2017.


If any condition or impairment of health is caused by a qualifying World Trade Center condition (Retirement and Social Security Law § 2 [36] [c]), "it shall be presumptive evidence that it was incurred in the performance and discharge of duty and the natural and proximate result of an accident not caused by [the] member's own willful negligence, unless the contrary [is] proved by competent evidence" (Administrative Code § 13-252.1 [1] [a]). The significance of the...

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