In Guerra v. Scoppetta, 25 Misc. 3d 1207A, 901 N.Y.S.2d 906, (2009), the Court held that the petitioner was not entitled to benefits under the WTC Disability Law because kidney disease was not listed in RSSL 2(36)(c) as a "qualifying physical condition." The Court noted that RSSL 2(36) defines "qualifying World Trade Center condition" to include in subsection (c) various "qualifying physical conditions," including various respiratory and pulmonary diseases, and "(v) new onset diseases resulting from exposure as such diseases occur in the future including cancer, chronic obstructive pulmonary disease, asbestos-related disease, heavy metal poisoning, musculoskeletal disease." Petitioner also attempted to fall within the qualifying condition of a "new onset disease," asserting that he was exposed to toxins at the World Trade Center site. However, the Court stated, "kidney disease is not among the possible new onset diseases specified in RSSL 2(36)(c)." The Court noted that petitioner conceded that the condition he developed was not a "qualifying condition" under the WTC Disability Law. Thus, the Court concluded that "upon the instant record, it cannot be said that petitioner has met his initial burden of establishing that he was disabled by a qualifying condition . . . to invoke the WTC presumption"