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MATTER OF LUC v. O'NEILL

Index No. 100754/18. Appeal No. 12588. Case No. 2019-04738.

189 A.D.3d 504 (2020)

133 N.Y.S.3d 804

2020 NY Slip Op 07458

In the Matter of Marcelo J. Luc, Respondent, v. James P. O'Neill et al., Appellants.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( Zachary S. Shapiro of counsel), for appellants.

Goldberg & McEnaney, LLC, Port Washington ( Jeffrey L. Goldberg of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

Petitioner, a police officer for more than 20 years, sought accidental disability retirement (ADR) benefits based on a heart condition. Respondent Medical Board concluded that he was disabled as a result of various heart ailments but recommended ordinary disability retirement (ODR) benefits because there was no evidence that petitioner had hypertension or any other stress-related heart problems.

The court properly granted the petition based on the presumption of causation...

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