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BLUE CROSS & BLUE SHIELD OF GREATER NEW YORK v. STATE DIV. OF HUMAN RIGHTS

100 A.D.2d 778 (1984)

Blue Cross and Blue Shield of Greater New York, Petitioner, v. State Division of Human Rights et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 10, 1984

¶ When this matter was originally before us (89 A.D.2d 838) we vacated the State Division's order and dismissed the complaint on the ground that subdivision (a) of section 514 of the Employee Retirement Income Security Act of 1974 ([ERISA] 88 US Stat 829, 897, US Code, tit 29, § 1144, subd [a]) pre-empts this State's Human Rights Law (Executive Law, § 296) insofar as it requires employers who maintain disability benefit plans...

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