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Tardibuono v. Board of Tru. Police Dept

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1997
240 A.D.2d 327 (N.Y. App. Div. 1997)

Opinion

June 24, 1997

Appeal from Supreme Court, New York County (Karla Moskowitz, J.).


As the IAS Court found, the Medical Board's reports show that it "considered everything that was presented", and since it cannot be said as a matter of law that, contrary to the opinion of the Medical Board, petitioner's disabling cardiomyopathy, unaccompanied by coronary artery disease or hypertension, was caused by the stress of petitioner's employment, the presumption under General Municipal Law § 207-k (the Heart Bill) that it was so caused is rebutted. Thus, Supreme Court properly denied the petition ( see, Matter of Meyer v. Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 N.Y.2d 139, 144-148; Matter of Quilty v. Ward, 193 A.D.2d 439).

Concur — Sullivan, J.P., Milonas, Williams and Tom, JJ.


Summaries of

Tardibuono v. Board of Tru. Police Dept

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1997
240 A.D.2d 327 (N.Y. App. Div. 1997)
Case details for

Tardibuono v. Board of Tru. Police Dept

Case Details

Full title:CHRISTINE A. TARDIBUONO, Appellant, v. BOARD OF TRUSTEES OF THE NEW YORK…

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

Date published: Jun 24, 1997

Citations

240 A.D.2d 327 (N.Y. App. Div. 1997)
659 N.Y.S.2d 753

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