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IN THE MATTER OF SCHAFER v. REILLY

3 N.Y.3d 691 (2004)

817 N.E.2d 818

784 N.Y.S.2d 1

In the Matter of WILLIAM SCHAFER et al., Appellants, v. EDWARD REILLY et al., Respondents.

Court of Appeals of the State of New York.

Decided September 14, 2004.

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, LLP, East Meadow (Wayne J. Schaefer of counsel), for appellants.

Respondents precluded.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated.

The Appellate Division upheld the Department's denial of section 207-c benefits to petitioners — corrections officers employed by the Nassau County Sheriff's Department — based on erroneous application of a "heightened risk" standard. Eligibility for General Municipal Law § 207-c benefits...

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