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MATTER OF PLOSS v. BRATTON

6560, 101380/14.

161 A.D.3d 527 (2018)

77 N.Y.S.3d 363

2018 NY Slip Op 03482

In the Matter of Jacqueline Ploss, Appellant, v. William J. Bratton, as Police Commissioner of the City of New York and Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.

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

Decided May 15, 2018.

The statutory presumption in petitioner's favor that her husband's heart condition and resulting death were service-related was rebutted by affirmative credible evidence (see e.g. Matter of Titza v Kelly, 138 A.D.3d 498 [1st Dept 2016]). The record supports respondents' finding that Officer Ploss's death was attributable to ventricular arrhythmia that he was predisposed to as a result of his severely reduced left ventricular function...

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