Butterworth v. Bratton

Appellate Division of the Supreme Court of New York

Butterworth v. Bratton

244 A.D.2d 162, 663 N.Y.S.2d 573, 1997 N.Y. App. Div. LEXIS 11088

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 6, 1997

StatusPublished

Cited by2 cases

This text of 244 A.D.2d 162 (Butterworth v. Bratton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butterworth v. Bratton, 244 A.D.2d 162, 663 N.Y.S.2d 573, 1997 N.Y. App. Div. LEXIS 11088 (N.Y. Ct. App. 1997).

Pincite

Opinion

—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 AD2d 327; Matter of Gumbrecht v McGuire, 117 AD2d 531; compare, Matter of Lunt v Kelly, 227 AD2d 200, lv denied 90 NY2d 803). Concur—Milonas, J. P., Ellerin, Wallach and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—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 AD2d 327; Matter of Gumbrecht v McGuire, 117 AD2d 531; compare, Matter of Lunt v Kelly, 227 AD2d 200, lv denied 90 NY2d 803). Concur—Milonas, J. P., Ellerin, Wallach and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

244 A.D.2d 162, 663 N.Y.S.2d 573, 1997 N.Y. App. Div. LEXIS 11088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butterworth-v-bratton-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack