Opinion
09-29-2017
In the Matter of ERIE COUNTY SHERIFF'S POLICE BENEVOLENT ASSOCIATION, INC., and Todd R. Jones, Petitioners, v. COUNTY OF Erie and Timothy B. HOWARD, Sheriff of Erie County, Respondents.
Bartlo, Hettler, Weiss & Tripi, Kenmore (Adam J. Wolkoff of Counsel), for petitioners. Hamberger & Weiss, Buffalo (Kristen M. Machelor of Counsel), for respondents.
Bartlo, Hettler, Weiss & Tripi, Kenmore (Adam J. Wolkoff of Counsel), for petitioners.
Hamberger & Weiss, Buffalo (Kristen M. Machelor of Counsel), for respondents.
MEMORANDUM:Petitioners commenced this CPLR article 78 proceeding challenging the determination that Todd R. Jones (petitioner), a deputy sheriff, was not injured in the line of duty and thus is not entitled to General Municipal Law § 207–c benefits. After a hearing, the Hearing Officer issued a report recommending that petitioner's application for such benefits be denied on the ground that there was no causal link between petitioner's alleged injuries and his struggle with a defendant he was transporting three days prior to his back spasm. We reject petitioners' contention that petitioner was entitled to benefits. "The Hearing Officer was entitled to weigh the parties' conflicting medical evidence and to assess the credibility of the witnesses, and ‘[w]e may not weigh the evidence or reject [the Hearing Officer's] choice where the evidence is conflicting and room for a choice exists' " (Matter of Clouse v. Allegany County, 46 A.D.3d 1381, 1382, 849 N.Y.S.2d 372 ; see Matter of Barkor v. City of Buffalo, 148 A.D.3d 1655, 1656, 51 N.Y.S.3d 743 ; Matter of Anderson v. City of Buffalo, 114 A.D.3d 1160, 1161, 979 N.Y.S.2d 731 ).
We have reviewed petitioners' remaining contentions, including their assertion that the Hearing Officer applied the incorrect standard of review, and conclude that they are without merit.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
WHALEN, P.J., SMITH, CARNI, DeJOSEPH, and CURRAN, JJ., concur.