Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Pellicane

Supreme Court of New York, First Department

May 21, 2013

In re Anthony Pellicane, Petitioner-Appellant,
v.
Raymond Kelly, etc., et al., Respondents-Respondents.

Jeffrey L. Goldberg, Port Washington, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Keith M. Snow of counsel), for respondents.

Mazzarelli, J.P., Sweeny, Freedman, Gische, JJ.

Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered March 20, 2012, denying the petition to annul respondents' determination, which denied petitioner's application for accident disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The statutory presumption of General Municipal Law § 207-k (Heart Bill) was overcome by credible medical evidence that petitioner's disabling heart condition is congenital and not related to occupational stress (see Matter of Goodacre v Kelly, 96 A.D.3d 625 [1st Dept 2012], lv denied20 N.Y.3d 860 [2013]). Although petitioner's physician opined that petitioner's hypertension and asymmetric left ventricular hypertrophy were induced by stress and exacerbated by the duties of petitioner's job, credible medical evidence supports the finding that the hypertension presented as relatively mild, and had not "caused its signature disease, generalized left ventricular ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.