Opinion
November 6, 1997
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
Based on medical tests showing a normal ejection fraction, an absence of coronary artery disease and a normal ventricular wall thickness, the Medical Board could rationally conclude that petitioner's disabling cardiomyopathy was not related to hypertensive heart disease, and therefore was not job-related, and that the statutory presumption created by General Municipal Law § 207-k had been rebutted (see, Tardibuono v. Board of Trustees, 240 A.D.2d 327; Matter of Gumbrecht v. McGuire, 117 A.D.2d 531; compare, Matter of Lunt v. Kelly, 227 A.D.2d 200, lv denied 90 N.Y.2d 803).
Concur — Milonas, J. P., Ellerin, Wallach and Rubin, JJ.