Opinion
December 23, 1994
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Green, J.P., Balio, Wesley, Callahan and Doerr, JJ.
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 N.Y.2d 584, 590; see also, Zanghi v Niagara Frontier Transp. Commn., 203 A.D.2d 960, lv granted 84 N.Y.2d 804; Caruso v Bowman, 207 A.D.2d 956; Cottone v City of New York, 206 A.D.2d 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 A.D.2d 956, lv dismissed 45 N.Y.2d 832). Her probationary status does not render the fireman's rule inapplicable.