MATTER OF RETIRED PUB. EMPL. ASSOC., INC. v. CUOMO

Docket No. 7586-11.

2012 NY Slip Op 32979(U)

In the Matter of the Application of RETIRED PUBLIC EMPLOYEES ASSOCIATION, INC.; STANLEY WINTER, as an Individual and President, Retired Public Employees Association, Inc.; ALAN DORN, as an Individual and Executive Director, Retired Public Employees Association, Inc.; HON. JULES L. SPODEK; HON. DAVID R. TOWNSEND; HELEN M. BULSON; VICTOR L. COSTELLO; JOY GODIN; FRANCIS HAMBLIN; A. JOANNE LANTZ; WILLIAM C. MOORE; JOHN H. NEARY; DAVID B. SMINGLER; KATHLEEN STALLMER; and FROSINE STOLIS, Plaintiffs-Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, v. HON. ANDREW CUOMO, Governor, State of New York; NEW YORK STATE DEPARTMENT OF CIVIL SERVICE; NEW YORK STATE CIVIL SERVICE COMMISSION; PATRICIA HITE, Acting President, New York State Civil Service Commission; NEW YORK STATE HEALTH INSURANCE PROGRAM; STATE DIRECTOR OF THE BUDGET; DIRECTOR OF EMPLOYEE RELATIONS, GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS; and NEW YORK STATE COMPTROLLER as a Necessary Party, Defendants-Respondents.

Supreme Court, Albany County.

December 17, 2012.


Attorney(s) appearing for the Case

Oliver Law Office, 156 Madison Avenue, Albany, New York 12202 ( Lewis B. Oliver, Jr., Esq. , Of Counsel), Attorneys for Plaintiffs-Petitioners.

Hon. Eric T. Schneiderman , Attorney General, State of New York, ( Charles J. Quackenbush , Assistant Attorney General, of Counsel), Department of Law, The Capitol, Albany, New York 12224, Attorney for Defendants-Respondents.


DECISION/ORDER/JUDGMENT

GEORGE B. CERESIA, Jr., Judge.

Respondents-Defendants ("respondents") move pursuant to CPLR 3211(a)(7) to dismiss petitioners-plaintiffs' ("petitioners") hybrid Article 78/declaratory judgment proceeding/action on the ground that petitioners' petition/complaint ("petition") fails to state a cause of action.

Petitioners are retired public employees who seek a declaration that respondents' implementation of the 2011 amendment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases