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BALCERAK v. NASSAU COUNTY

94 N.Y.2d 253 (1999)

723 N.E.2d 555

701 N.Y.S.2d 700

In the Matter of GREGORY BALCERAK, Respondent, v. COUNTY OF NASSAU, Appellant.

Court of Appeals of the State of New York.

Decided December 16, 1999.

Attorney(s) appearing for the Case

Bee, Eisman & Ready, Mineola (Peter M. Fishbein and Howard B. Cohen of counsel), for appellant.

Certilman Balin Adler & Hyman, L. L. P., East Meadow (Wayne J. Schaefer and Michael C. Axelrod of counsel), for respondent.

Donna M. C. Giliberto, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Richard A. Glickel, West Nyack, for Town of Clarkstown and others, amici curiae.

Bohl, Della Rocca & Dorfman, P. C., Albany (James B. Tuttle of counsel), for Police Conference of New York, Inc., amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

BELLACOSA, J.

The question before this Court is whether a determination by the Workers' Compensation Board that an injury is work-related should, by operation of collateral estoppel, automatically entitle an injured employee to General Municipal Law § 207-c benefits. We answer the question in the negative and reverse the order of the Appellate Division that ruled against appellant Nassau...

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