Opinion
2002-03046
Submitted February 11, 2003.
March 10, 2003.
In a proceeding pursuant to CPLR article 78 to review six determinations of the Nassau County Sheriff's Department dated May 25, 2001, May 29, 2001, June 11, 2001, June 11, 2001, June 27, 2001, and August 3, 2001, respectively, denying the petitioners benefits pursuant to General Municipal Law § 207-c, the petitioners appeal from a judgment of the Supreme Court, Nassau County (Burke, J.), dated February 22, 2002, which denied the petition and dismissed the proceeding.
Certilman Balin Adler Hyman, LLP, East Meadow, N.Y. (Wayne J. Schaefer and Scott B. Black of counsel), for appellants.
Lorna B. Goodman, County Attorney, Mineola, N.Y. (Dennis J. Saffran and David B. Goldin of counsel), for respondents.
Before: A. GAIL PRUDENTI, P.J., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The petitioners failed to demonstrate that their respective injuries were incurred in the performance of special work related to the nature of heightened risks and duties to which correction officers are exposed in the criminal justice process, and that such injuries are compensable under General Municipal Law § 207-c (see Matter of Balcerak v. County of Nassau, 94 N.Y.2d 253; Matter of Wagman v. Kapica, 300 A.D.2d 406 [2d Dept, Dec. 9, 2002]; Matter of Clements v. Panzarella, 297 A.D.2d 4; Matter of Theroux v. Reilly, 297 A.D.2d 384, lv granted 99 N.Y.2d 503; Youngs v. Village of Penn Yan, 291 A.D.2d 852; Matter of Travison v. County of Albany, 291 A.D.2d 705; Matter of Sutherland v. Village of Suffern, 289 A.D.2d 582; Matter of Ertner v. County of Chenango, 280 A.D.2d 851; cf. Matter of Dobbertin v. Town of Chester, 292 A.D.2d 382). Accordingly, the Nassau County Sheriff's Department had a rational basis to deny benefits under General Municipal Law § 207-c to each of the petitioners.
PRUDENTI, P.J., KRAUSMAN, GOLDSTEIN and SCHMIDT, JJ., concur.