In Town of Southampton v. Ciuzio, 19 Misc 3d 140[A], 2008 NY Slip Op 50911[U] [2008] the Court found the victim to have suffered a serious physical injury. There, the Court held that "substantial swelling and scarring associated with injury to the victim's cheek, neck and ear coupled with the victim's unchallenged testimony which established that she suffered long term hearing loss constituted a serious or protracted disfigurement and impairment of the function of a bodily organ. Hence the aggravating circumstance of the infliction of serious physical injury was established."