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IN THE MATTER OF DANIEL GALLANTE, ET AL., appellants, v. EDWARD REILLY, ETC., ET AL., respondents.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The petitioners 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 N.Y.2d 253; Matter of Wagman v. Kapica, 300 A.D.2d 406 [2d Dept, Dec. 9, 2002]; Matter of Clements v. Panzarella, 297 A.D.2d 4; Matter of Theroux v. Reilly, 297 A.D.2d 384, lv granted 99 N.Y.2d 503; Youngs v. Village of Penn Yan, 291 A.D.2d 852; Matter of Travison v. County of Albany, 291 A.D.2d 705; Matter of Sutherland v. Village of Suffern, 289 A.D.2d 582; Matter of Ertner v. County of Chenango, 280 A.D.2d 851; cf. Matter of Dobbertin v. Town of Chester, 292 A.D.2d 382). Accordingly, the Nassau County Sheriff's Department had a rational basis to deny benefits under General Municipal Law § 207-c to each of the petitioners.

PRUDENTI, P.J., KRAUSMAN, GOLDSTEIN and SCHMIDT, JJ., concur.

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IN THE MATTER OF GALLANTE v. REILLY
(Mar 10, 2003)