Sills v. Livingston
Cases that cite this one
3 later published cases cite this decision.
- James v. County of Yates Sheriff's Department (Appellate Division of the Supreme Court of New York 2002)
- Dingee v. County of Dutchess (Appellate Division of the Supreme Court of New York 2002)
- Wagman v. Kapica (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal from a judgment (denominated order) of Supreme Court, Erie County (Makowski, J.), entered May 30, 2001, which dismissed the CPLR article 78 petition seeking to compel the payment of General Municipal Law § 207-c benefits to petitioner.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly dismissed the CPLR article 78 petition seeking to compel the payment of General Municipal Law § 207-c benefits to petitioner. Petitioner contends that, because he was injured during the performance of his duties as a correction officer, he is entitled to special benefits under General Municipal Law § 207-c. Those benefits are available “for injuries incurred in the performance of special work related to the nature of heightened risks and duties” (Matter of Balcerak v County of Nassau, 94 NY2d 253, 259). Although petitioner was required as a correction officer to dispense soap and was injured while doing so, that function does not involve a heightened risk or duty entitling petitioner to special benefits under General Municipal Law § 207-c (see Balcerak, 94 NY2d at 259-260; Youngs v Village of Penn Yan,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.