Opinion
9529 Index 101413/16
06-04-2019
In re Michael O'CONNOR, Petitioner–Appellant, v. William J. BRATTON, etc., et al., Respondents–Respondents.
Law Offices of Joseph A. Romano, P.C., Garden City (Timothy McEnaney of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (MacKenzie Fillow of counsel), for respondents.
Law Offices of Joseph A. Romano, P.C., Garden City (Timothy McEnaney of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (MacKenzie Fillow of counsel), for respondents.
Acosta, P.J., Richter, Kapnick, Kahn, Kern, JJ.
Order and judgment (one paper), Supreme Court, New York County (Carmen Victoria St. George, J.), entered December 11, 2017, which denied the petition to annul respondents' determination, dated May 11, 2016, denying petitioner's application for accident disability retirement benefits, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.Credible evidence supports the medical board's determination that the origin of petitioner's arrhythmia, tachycardia, and syncope was unknown, and not related to hypertension or job-related stress (see generally Matter of Goldman v. McGuire, 101 A.D.2d 768, 770, 475 N.Y.S.2d 849 [1st Dept. 1984], affd 64 N.Y.2d 1041, 489 N.Y.S.2d 467, 478 N.E.2d 983 [1985] ). Accordingly, the medical board rebutted General Municipal Law § 207–k's presumption that petitioner's disabling condition was incurred in the line of duty (see e.g. Matter of Titza v. Kelly, 138 A.D.3d 498, 28 N.Y.S.3d 303 [1st Dept. 2016] ; Matter of Hogg v. Kelly, 93 A.D.3d 507, 940 N.Y.S.2d 82 [1st Dept. 2012] Matter of DeMonico v. Kelly, 49 A.D.3d 265, 852 N.Y.S.2d 124 [1st Dept. 2008] ).
We have considered petitioner's remaining contentions and find them unavailing.