Matter of Titza v. Kelly – Case Brief Summary (New York)

In Matter of Titza v. Kelly (138 AD3d 498, 28 NYS3d 303 [2016]), the petitioner, a police officer, sought to annul the denial of his application for ADR benefits due to disabling strokes that he suffered.

The Appellate Division, First Department unanimously affirmed the lower court's judgment denying the petition, stating:

"The statutory presumption in petitioner's favor that his strokes were service related (General Municipal Law § 207-k) was rebutted by credible evidence that the etiology of his strokes was unknown, petitioner does not suffer from coronary artery disease, and there was no evidence of hypertension." (Matter of Titza, 138 AD3d at 498.)