IN RE: Deidre BARRETT (2006)

Judgment, Supreme Court, New York County (Marcy S. Friedman, J.), entered March 30, 2005, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul the determination of respondent Board of Trustees of the New York City Police Department Pension Fund, dated February 13, 2004, denying petitioner's application for accidental disability retirement benefits, unanimously affirmed, without costs.

The Medical Board's determination that petitioner's arrhythmia was not job-or stress-related was based upon competent medical evidence that sufficiently rebutted the presumption contained in General Municipal Law § 207-k.   This includes its examinations of petitioner and its review of her medical records, which showed no evidence of any other type of heart disease and evidence that her symptoms continued even subsequent to her retirement, in the absence of job-related stress (see Matter of Goldman v. McGuire, 101 A.D.2d 768, 475 N.Y.S.2d 849 [1984], affd. 64 N.Y.2d 1041, 489 N.Y.S.2d 467, 478 N.E.2d 983 [1985];  Matter of Burns v. Safir, 305 A.D.2d 142, 757 N.Y.S.2d 846 [2003], lv. denied 2 N.Y.3d 706, 781 N.Y.S.2d 287, 814 N.E.2d 459 [2004];  Matter of Callaghan v. Bratton, 253 A.D.2d 390, 677 N.Y.S.2d 125 [1998];  Matter of Gumbrecht v. McGuire, 117 A.D.2d 531, 498 N.Y.S.2d 809 [1986];  Matter of Lo Pinto v. Ward, 124 A.D.2d 497, 507 N.Y.S.2d 863 [1986] ).