Opinion
04-12-2016
In re Robert TITZA, Petitioner–Appellant, v. Raymond KELLY, etc., et al., Respondents–Respondents.
Law Office of Jeffrey L. Goldberg, P.C., Port Washington (Eileen J. Goggin of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Susan Paulson of counsel), for respondents.
Law Office of Jeffrey L. Goldberg, P.C., Port Washington (Eileen J. Goggin of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Susan Paulson of counsel), for respondents.
Opinion
Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered on or about March 3, 2014, denying the petition seeking, inter alia, to annul the determination of respondent Board of Trustees of the Police Pension Fund, which denied petitioner's application for accidental disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
The statutory presumption in petitioner's favor that his strokes were service related (General Municipal Law § 207–k) was rebutted by credible evidence that the etiology of his strokes was unknown, petitioner does not suffer from coronary artery disease, and there was no evidence of hypertension (see Matter of Hogg v. Kelly, 93 A.D.3d 507, 940 N.Y.S.2d 82 [1st Dept.2012]; Matter of Goldman v. McGuire, 101 A.D.2d 768, 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]; see also Matter of Walsh v. Board of Trustees of N.Y. City Police Dept. Pension Fund, Art. II, 37 A.D.3d 370, 829 N.Y.S.2d 901 [1st Dept.2007] ).
FRIEDMAN, J.P., SWEENY, SAXE, RICHTER, KAHN, JJ., concur.