On April 13, 2010, the Appellate Division, First Department, vacated an earlier decision it had issued in Ferriolo v. City of New York, and upon reconsideration, found that the Fireman’s Rule bars a negligence action brought by a police officer who was shot by a fellow officer while he was changing into his uniform in the police station locker room. Ferriolo is the first Appellate Division to interpret and apply the recent New York Court of Appeals decision in Walder v. City of New York.  The Court in Walder had indicated a shift away from the requirement that the Fireman’s Rule applied only where the injured plaintiff was performing “some action taken in furtherance of a specific police or firefighter function” which exposed the plaintiff to “a heightened risk of sustaining the particular injury.” The Court of Appeals in Walder found that the Fireman’s Rule barred a negligence action brought by a police officer who was injured when his automobile was lifted four feet off the ground by a movable security barrier as he was driving into the police parking lot to begin his shift.