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MATTER OF ERIE COUNTY SHERIFF'S POLICE BENEVOLENT ASSN., INC. v. COUNTY OF ERIE

334 TP 17-01844.

159 A.D.3d 1561 (2018)

74 N.Y.S.3d 432

2018 NY Slip Op 02076

In the Matter of ERIE COUNTY SHERIFF'S POLICE BENEVOLENT ASSOCIATION, INC., et al., Petitioners, v. COUNTY OF ERIE et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 23, 2018.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioners commenced this CPLR article 78 proceeding challenging the determination following a hearing that Gregory McCarthy (petitioner), a deputy sheriff, was not injured in the line of duty and, thus, is not entitled to disability benefits under General Municipal Law § 207-c. The Hearing Officer issued a report recommending that petitioner...

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