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MATTER OF THEROUX v. REILLY

1 N.Y.3d 232 (2003)

803 N.E.2d 364

771 N.Y.S.2d 43

In the Matter of DENISE M. THEROUX et al., Appellants, v. EDWARD REILLY, as Nassau County Sheriff, et al., Respondents. In the Matter of DAVID WAGMAN, Appellant, v. JOHN A. KAPICA, as Chief of the Town of Greenburgh Police Department, et al., Respondents. In the Matter of LOREN S. JAMES, Appellant, v. COUNTY OF YATES SHERIFF'S DEPARTMENT et al., Respondents.

Court of Appeals of the State of New York.

Decided December 2, 2003.

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, East Meadow (Wayne J. Schaefer of counsel), for appellants in the first above-entitled proceeding.

Lorna B. Goodman, County Attorney, Mineola (Dennis J. Saffran and David B. Goldin of counsel), for respondents in the first above-entitled proceeding.

Donna M.C. Giliberto, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae, in the first above-entitled proceeding.

Richard A. Glickel, West Nyack, for Town of Clarkstown and others, amici curiae, in the first above-entitled proceeding.

Freedman, Wagner, Tabakman & Weiss, New City (David MacRae Wagner of counsel), for appellant in the second above-entitled proceeding.

Law Office of Vincent Toomey, Lake Success (Vincent Toomey and Christine A. Gaeta of counsel), for respondents in the second above-entitled proceeding.

Trevett, Lenweaver & Salzer, P.C., Rochester (Katherine Piccola and Lawrence J. Andolina of counsel), for appellant in the third above-entitled proceeding.

Hancock & Estabrook, LLP, Syracuse (Janet D. Callahan and John F. Corcoran of counsel), for respondents in the third above-entitled proceeding.

Law Office of James B. Tuttle, Albany (James B. Tuttle of counsel), for Police Conference of New York, Inc., amicus curiae, in the three above-entitled proceedings.

Gleason, Dunn, Walsh & O'Shea, Albany (Ronald G. Dunn and Michael K. Barrett of counsel), for New York State Deputies Association, Inc., amicus curiae, in the three above-entitled proceedings.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

READ, J.

At issue in this appeal is whether eligibility for benefits under General Municipal Law § 207-c is contingent upon the municipal employee's demonstrating an injury sustained in the performance of special work related to the heightened risks and duties inherent in law enforcement. We conclude that section 207-c does not require such a "heightened risk" standard.

I...

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