Opinion
September 12, 1988
Appeal from the Supreme Court, Kings County (Rader, J.).
Ordered that the judgment is affirmed, with costs.
The evidence contained in the present record is sufficient to support the conclusion that the petitioner's current disability is unrelated to a heart condition from which he claims to suffer. Since his disability was not caused by heart disease, the presumption found in General Municipal Law § 207-k is inapplicable. Moreover, even assuming that the petitioner's disability is related to his heart condition, we find that there was sufficient evidence to rebut any presumption that that condition was job related (see, General Municipal Law § 207-k).
Accordingly, since the determination under review is not arbitrary or capricious, we find that the Supreme Court properly dismissed the proceeding (see generally, Matter of Canfora v Board of Trustees of Police Pension Fund, 60 N.Y.2d 347). Thompson, J.P., Bracken, Eiber and Spatt, JJ., concur.