Theroux v. Reilly

Appellate Division of the Supreme Court of New York

Theroux v. Reilly

297 A.D.2d 384, 746 N.Y.2d 501, 746 N.Y.S.2d 501, 2002 N.Y. App. Div. LEXIS 8129

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 26, 2002

StatusPublished

Cited by3 cases

This text of 297 A.D.2d 384 (Theroux v. Reilly) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Theroux v. Reilly, 297 A.D.2d 384, 746 N.Y.2d 501, 746 N.Y.S.2d 501, 2002 N.Y. App. Div. LEXIS 8129 (N.Y. Ct. App. 2002).

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Opinion

The petitioners, Denise M. Theroux, Brian P. Sullivan, Patrick T. Guiheen, William R. Drake, and Walter M. Krute, Nassau County correction officers, commenced this proceeding pursuant to CPLR 7803 (3) to annul determinations of the respondent Nassau County Sheriffs Department denying each of them benefits pursuant to General Municipal Law § 207-c for injuries sustained while on duty. The Supreme Court granted the petition with respect to Theroux, Guiheen, Drake, and Krute, reversed and annulled the determinations as to those petitioners, and declared them eligible for General Municipal Law § 207-c benefits. For the reasons discussed in Matter of Clements v Panzarella (297 AD2d 4 [decided herewith]), the judgment must be reversed insofar as appealed from.

Theroux, Guiheen, Drake, and Krute failed to demonstrate that their respective injuries were incurred in the performance of special work related to the nature of heightened risks and duties to which correction officers are exposed in the criminal justice process, and that such injuries are compensable under General Municipal Law § 207-c (see Matter of Balcerak v County of Nassau, 94 NY2d 253; Matter of Clements v Panza[385]*385relia, supra). Theroux injured her right shoulder when a door swung backward onto her as she stepped out of an office to speak to an inmate. Guiheen injured his left eye when he “accidently walked into the corner of a television hanging from the ceiling” while conducting an inmate count. Drake injured his left arm and shoulder when a chair broke and collapsed beneath him as he was about to make a log book entry. Finally, Krute injured his lower back while he was “opening a lobby kitchen door in order to admit inmates into the kitchen.” Thus, the denial of General Municipal Law § 207-c benefits was not arbitrary or capricious, an abuse of discretion, or affected by an error of law. Ritter, J.P., Feuerstein, Luciano and Adams, JJ., concur. [See 187 Misc 2d 723.]

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The petitioners, Denise M. Theroux, Brian P. Sullivan, Patrick T. Guiheen, William R. Drake, and Walter M. Krute, Nassau County correction officers, commenced this proceeding pursuant to CPLR 7803 (3) to annul determinations of the respondent Nassau County Sheriffs Department denying each of them benefits pursuant to General Municipal Law § 207-c for injuries sustained while on duty. The Supreme Court granted the petition with respect to Theroux, Guiheen, Drake, and Krute, reversed and annulled the determinations as to those petitioners, and declared them eligible for General Municipal Law § 207-c benefits. For the reasons discussed in Matter of Clements v Panzarella (297 AD2d 4 [decided herewith]), the judgment must be reversed insofar as appealed from.

Theroux, Guiheen, Drake, and Krute failed to demonstrate that their respective injuries were incurred in the performance of special work related to the nature of heightened risks and duties to which correction officers are exposed in the criminal justice process, and that such injuries are compensable under General Municipal Law § 207-c (see Matter of Balcerak v County of Nassau, 94 NY2d 253; Matter of Clements v Panza[385]*385relia, supra). Theroux injured her right shoulder when a door swung backward onto her as she stepped out of an office to speak to an inmate. Guiheen injured his left eye when he “accidently walked into the corner of a television hanging from the ceiling” while conducting an inmate count. Drake injured his left arm and shoulder when a chair broke and collapsed beneath him as he was about to make a log book entry. Finally, Krute injured his lower back while he was “opening a lobby kitchen door in order to admit inmates into the kitchen.” Thus, the denial of General Municipal Law § 207-c benefits was not arbitrary or capricious, an abuse of discretion, or affected by an error of law. Ritter, J.P., Feuerstein, Luciano and Adams, JJ., concur. [See 187 Misc 2d 723.]

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297 A.D.2d 384, 746 N.Y.2d 501, 746 N.Y.S.2d 501, 2002 N.Y. App. Div. LEXIS 8129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/theroux-v-reilly-nyappdiv-2002.

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