MATTER OF SILLS v. LIVINGSTON

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the CPLR article 78 petition seeking to compel the payment of General Municipal Law § 207-c benefits to petitioner. Petitioner contends that, because he was injured during the performance of his duties as a correction officer, he is entitled to special benefits under General Municipal Law § 207-c. Those benefits are available "for injuries incurred in the performance of special work related to the nature of heightened risks and duties" ( Matter of Balcerak v. County of Nassau, 94 N.Y.2d 253, 259). Although petitioner was required as a correction officer to dispense soap and was injured while doing so, that function does not involve a heightened risk or duty entitling petitioner to special benefits under General Municipal Law § 207-c ( see Balcerak, 94 N.Y.2d at 259-260; Youngs v. Village of Penn Yan, 291 A.D.2d 852; Matter of Ertner v. County of Chenango, 280 A.D.2d 851). Consequently, the determination denying General Municipal Law § 207-c benefits is neither arbitrary nor capricious ( cf. Matter of Dobbertin v. Town of Chester, 292 A.D.2d 382).