NIEVES v. CITY OF YONKERS

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff Dominick Nieves (hereinafter the plaintiff) was a Yonkers police officer who was accidentally shot by his partner, the defendant Richard Doyle, when the two men, who were investigating a burglarized house with their guns drawn, came across each other unexpectedly in the dark.

The plaintiff's General Municipal Law § 205-e claims against his municipal employer and his co-employee were properly dismissed since he collected benefits under General Municipal Law § 207-c ( see, O'Hare v. City of New Rochelle, 249 A.D.2d 375; Damiani v. City of Buffalo, 198 A.D.2d 814; O'Dette v. Parton, 190 A.D.2d 1074; see also, Workers' Compensation Law § 29 Work. Comp.[6], 30 Work. Comp.[3]; Scannell v. Karlin, 252 A.D.2d 552).

RITTER, J.P., FRIEDMANN, FEUERSTEIN, and SCHMIDT, JJ., concur.