James v. County of Yates Sheriff's Department

—Appeal from a judgment (denominated order and judgment) of Supreme Court, Yates County (Bender, J.), entered October 23, 2001, which granted the CPLR article 78 petition seeking to compel payment of General Municipal Law § 207-c benefits.

It is hereby ordered that the judgment so appealed from be and the same hereby is reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner is employed as a deputy sheriff for respondent County of Yates Sheriffs Department. In January 2001, he sustained a back injury when he slipped on ice and/or snow and fell while performing a…