IN RE: Gregory BALCERAK

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: Gregory BALCERAK, Respondent, v. COUNTY OF NASSAU, Appellant.

Decided: January 25, 1999

FRED T. SANTUCCI, J.P., DANIEL W. JOY, MYRIAM J. ALTMAN and DANIEL F. LUCIANO, JJ. Bee, Eisman & Ready, Mineola, N.Y. (Howard B. Cohen of counsel), for appellant. Louis D. Stober, Jr., LLC, Garden City, N.Y., for respondent.

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent County of Nassau which denied the petitioner's application for benefits under General Municipal Law § 207-c, the County of Nassau appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Nassau County (Lockman, J.), dated December 15, 1997, as granted renewal, and, upon renewal, granted the petition to the extent of directing the respondent to pay General Municipal Law § 207-c benefits retroactive to June 14, 1996, credit the petitioner for leave entitlements he used and would have earned, and reimburse him for all health insurance premiums he incurred that should have been paid by the respondent.

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

The petitioner, a correction officer, was injured in an automobile accident after completing a special assignment at North Shore University Hospital and was awarded Workers' Compensation benefits.   The appellant, however, subsequently denied the petitioner's application for benefits pursuant to General Municipal Law § 207-c on the ground that he was not injured in the performance of his duties (see, General Municipal Law § 207-c[1] ).

The Supreme Court properly granted the petition and directed payment of the statutory benefits.   The court correctly concluded that the appellant was bound by the prior decision of the Workers' Compensation Board, which necessarily determined that the petitioner's injuries occurred while performing his duties (see, Matter of De John v. Town of Frankfort, 209 A.D.2d 938, 619 N.Y.S.2d 229;  Matter of Fedorczak v. Dolce, 202 A.D.2d 668, 609 N.Y.S.2d 292;  Matter of Maresco v. Rozzi, 162 A.D.2d 534, 556 N.Y.S.2d 731;  Matter of Crawford v. Sheriff's Dept., 152 A.D.2d 382, 548 N.Y.S.2d 734).

MEMORANDUM BY THE COURT.

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