Majority
p. 933Cheryl M. Smith, Appellant, v County of Erie et al., Respondents. [621 NYS2d 1018]
—Order unanimously affirmed without costs. Memorandum: Plaintiff, a police recruit, was injured when she stepped in a hole while jogging as part of her training. Because plaintiff was a probationary police officer when injured, her injuries "were related to a particular risk that she had assumed as part of her duties” (Cooper v City of New York, 81 NY2d 584 , 590; see also, Zanghi v Niagara Frontier Transp. Commn., 203 AD2d 960 , lv granted 84 NY2d 804 ; Caruso v Bowman, 207 AD2d 956 ; Cottone v City of New York, 206 AD2d 981 ). As with other police officers injured in the line of duty (see, Cooper v City of New York, supra), plaintiff received salary and health benefits under General Municipal Law § 207-c (see, Connors v Bowles, 63
p. 934
AD2d 956 , lv dismissed 45 NY2d 832 ). Her probationary status does not render the fireman’s rule inapplicable. (Appeal from Order of Supreme Court, Erie County, Doyle, J.-Summary Judgment.) Present—Green, J. P., Balio, Wesley, Callahan and Doerr, JJ.
Cases cited
- Cooper v. City of New York 81 NY2d 584 at 590 p. 933
- Zanghi v. Niagara Frontier Transportation Commission 203 AD2d 960 p. 933