Opinion
CA 03-01004.
December 31, 2003.
Appeal from a judgment (denominated order) of Supreme Court, Jefferson County (Gilbert, J.), entered December 19, 2002, which granted the petition and annulled the determination denying petitioner's application for General Municipal Law § 207-c benefits.
HRABCHAK GEBO, P.C., WATERTOWN (MARK G. GEBO OF COUNSEL), FOR RESPONDENT-APPELLANT.
ROBERT PETER BOGDAN, SACKETS HARBOR, FOR PETITIONER-RESPONDENT.
Before: PRESENT: GREEN, J.P., WISNER, HURLBUTT, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging respondent's determination to deny his application for benefits under General Municipal Law § 207-c on the ground that petitioner's injury was not "incurred in the performance of special work related to the nature of heightened risks and duties" of police work ( Balcerak v. County of Nassau, 94 N.Y.2d 253, 259). Supreme Court properly granted the petition and annulled the determination. "[I]n order to be eligible for section 207-c benefits, a covered municipal employee need only prove a `direct causal relationship between job duties and the resulting illness or injury'" ( Matter of Theroux v. Reilly, 1 N.Y.3d 232, 243-244). Petitioner proved such a direct causal relationship and thus demonstrated his entitlement to benefits under General Municipal Law § 207-c.