Heaton v. Monroe County

I respectfully disagree with the conclusion of my colleagues that Supreme Court properly granted petitioner’s application for General Municipal Law § 207-c benefits. Therefore, I dissent. I conclude that, on the record before us, there is an issue of fact as to when petitioner was first informed of the determination denying her application for General Municipal Law § 207-c benefits, and the resolution of that issue of fact is essential to determining the merits of respondents’ statute of limitations defense (see CPLR 217 [1]). Respondents submitted the affidavit of petitioner’s supervisor at…