Appellate Division of the Supreme Court of New York, 2008

DeMonico v. Kelly

Appellate Division of the Supreme Court of New York · Decided March 4, 2008

49 A.D.3d 265; 852 N.Y.2d 124

Cases that cite this one

9 later published cases cite this decision.

Matter of Russell v. New York City Fire Pension Fund (Appellate Division of the Supreme Court of New York 2021)
Matter of Russell v. New York City Fire Pension Fund (Appellate Division of the Supreme Court of New York 2021)
Matter of O'Connor v. Bratton (Appellate Division of the Supreme Court of New York 2019)
Matter of Independence House Tenants' Assn. v. New York City Hous. Preserv. & Dev. (Appellate Division of the Supreme Court of New York 2019)
Matter of Modlin v. Kelly (Appellate Division of the Supreme Court of New York 2014)
Trustees of Columbia University v. City of New York (Appellate Division of the Supreme Court of New York 2013)
Trustees of Columbia University v. City of New York (Appellate Division of the Supreme Court of New York 2013)
Higgins v. Kelly (Appellate Division of the Supreme Court of New York 2011)
Walsh v. Kelly (Appellate Division of the Supreme Court of New York 2010)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*266Although this proceeding was improperly transferred to this Court because the determination of respondent was not made pursuant to an administrative hearing, we nevertheless address the merits of the petition in the interest of judicial economy (see Matter of McGann-Wayne v Lippa, 284 AD2d 279 [2001]; Matter of 125 Bar Corp. v State Liq. Auth. of State of N.Y., 24 NY2d 174, 180 [1969]).

In view of the objective medical evidence demonstrating that petitioner’s cardiomyopathy was of unknown origin and that while he had high blood pressure since 2003, it was unlikely that this was the cause of the cardiomyopathy because he had no history of hypertension, the statutory presumption set forth in General Municipal Law § 207-k was sufficiently rebutted, and the determination that petitioner’s condition was not job-related had a rational basis (see Matter of Walsh v Board of Trustees of N.Y. City Police Dept. Pension Fund, Art. II, 37 AD3d 370 [2007]; Matter of Seldon v Kelly, 21 AD3d 840 [2005]). Concur—Andrias, J.P., Friedman, Buckley, McGuire and Moskowitz, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.