IN RE: Application of Raymond J. BUTTERWORTH (1997)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Raymond J. BUTTERWORTH, Petitioner-Appellant, For a Judgment, etc., v. William BRATTON, as Police Commissioner of City of New York, et al., Respondents-Respondents.

Decided: November 06, 1997

Before MILONAS, J.P., and ELLERIN, WALLACH and RUBIN, JJ.

Martina I. Schmidt, for Petitioner-Appellant. Paul L. Herzfeld, for Respondents-Respondents.

Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered September 16, 1996, which denied petitioner's application pursuant to CPLR article 78 to annul respondents' determination denying petitioner accident disability retirement benefits, unanimously affirmed, without costs.

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, 659 N.Y.S.2d 753; Matter of Gumbrecht v. McGuire, 117 A.D.2d 531, 498 N.Y.S.2d 809; compare, Matter of Lunt v. Kelly, 227 A.D.2d 200, 642 N.Y.S.2d 251, lv. denied 90 N.Y.2d 803, 661 N.Y.S.2d 179, 683 N.E.2d 1053).

MEMORANDUM DECISION.

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