Opinion
October 26, 1998
Appeal from the Supreme Court, Kings County (Jackson, J.).
Ordered that the judgment is affirmed, with costs.
In view of the objective medical evidence demonstrating that the petitioner's mild cardiomyopathy was not accompanied by any underlying stress-related heart disease or coronary artery disease, and the conclusions of various medical experts that the petitioner's disabling condition was of unknown origin or might possibly have been caused by a viral infection, the statutory presumption set forth in General Municipal Law § 207-k was adequately rebutted and the determination of the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund that the condition was not job-related is not arbitrary and capricious ( see, Matter of Butterworth v. Bratton, 244 A.D.2d 162; Tardibuono v. Board of Trustees, 240 A.D.2d 327; Matter of Stegmuller v. Brown, 216 A.D.2d 23; Matter of Gumbrecht v. McGuire, 117 A.D.2d 531).
Rosenblatt, J. P., Copertino, Sullivan and Altman, JJ., concur.