Travison v. County of Albany
Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Albany County Sheriff denying petitioner’s application for benefits under General Municipal Law § 207-c.
Petitioner, a correction officer employed by the Albany County Sheriff’s Department, was injured when she rounded a
The facts of this case are virtually indistinguishable from those contained in our recent decision in Matter of Ertner v County of Chenango (280 AD2d 851), where we upheld the denial of General Municipal Law § 207-c benefits to a correetion officer who fell down the stairs of the local jail while conducting an inspection of the cells. As we held in Ertner, an injury suffered by a correction officer (here, petitioner) while performing rounds or engaging in a routine inspection can hardly be described as “one incurred as the result of a heightened risk peculiar to the performance of the duties of such an officer” (id. at 852). Accordingly, petitioner’s application for benefits was properly denied.
Mercure, J.P., Spain, Carpinello and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.