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MATTER OF DAVID CASSELMAN, PETITIONER-RESPONDENT, v. VILLAGE OF LOWVILLE, RESPONDENT-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging respondent's determination to deny his application for benefits under General Municipal Law § 207-c on the ground that petitioner's injury was not "incurred in the performance of special work related to the nature of heightened risks and duties" of police work ( Balcerak v. County of Nassau, 94 N.Y.2d 253, 259). Supreme Court properly granted the petition and annulled the determination. "[I]n order to be eligible for section 207-c benefits, a covered municipal employee need only prove a `direct causal relationship between job duties and the resulting illness or injury'" ( Matter of Theroux v. Reilly, 1 N.Y.3d 232, 243-244). Petitioner proved such a direct causal relationship and thus demonstrated his entitlement to benefits under General Municipal Law § 207-c.

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IN RE CASSELMAN v. VILLAGE OF LOWVILLE
(Dec 31, 2003)