Vallas v. Safir

Appellate Division of the Supreme Court of New York

Vallas v. Safir

304 A.D.2d 353, 757 N.Y.S.2d 46, 2003 N.Y. App. Div. LEXIS 3752

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

DecidedApril 8, 2003

StatusPublished

Cited by4 cases

This text of 304 A.D.2d 353 (Vallas v. Safir) 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

Vallas v. Safir, 304 A.D.2d 353, 757 N.Y.S.2d 46, 2003 N.Y. App. Div. LEXIS 3752 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Jane Solomon, J.), entered April 4, 2001, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul the determination of respondent Board of Trustees denying petitioner accident disability retirement benefits, unanimously affirmed, without costs.

The statutory presumption in petitioner’s favor that her heart condition, first diagnosed several years after she joined respondent Department’s employ in October 1990, was sustained as a result of her employment (see General Municipal Law § 207-k), was rebutted by evidence competent to support the Medical Board’s conclusion that petitioner suffered from idiopathic dilated cardiomyopathy unaccompanied by coronary artery disease or hypertension. Accordingly, petitioner’s application for accident disability retirement benefits was properly denied (see Matter of Goldman v McGuire, 101 AD2d 768, 770 [1984], affd 64 NY2d 1041 [1985] for reasons stated below). Concur — Nardelli, J.P., Rosenberger, Ellerin, Williams and Lerner, JJ.

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Judgment, Supreme Court, New York County (Jane Solomon, J.), entered April 4, 2001, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul the determination of respondent Board of Trustees denying petitioner accident disability retirement benefits, unanimously affirmed, without costs.

The statutory presumption in petitioner’s favor that her heart condition, first diagnosed several years after she joined respondent Department’s employ in October 1990, was sustained as a result of her employment (see General Municipal Law § 207-k), was rebutted by evidence competent to support the Medical Board’s conclusion that petitioner suffered from idiopathic dilated cardiomyopathy unaccompanied by coronary artery disease or hypertension. Accordingly, petitioner’s application for accident disability retirement benefits was properly denied (see Matter of Goldman v McGuire, 101 AD2d 768, 770 [1984], affd 64 NY2d 1041 [1985] for reasons stated below). Concur — Nardelli, J.P., Rosenberger, Ellerin, Williams and Lerner, JJ.

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Bluebook (online)

304 A.D.2d 353, 757 N.Y.S.2d 46, 2003 N.Y. App. Div. LEXIS 3752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vallas-v-safir-nyappdiv-2003.

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