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MATTER OF O'NEILL v. CITY OF AUBURN

249 A.D.2d 948 (1998)

671 N.Y.S.2d 364

In the Matter of Michael O'Neill et al., Respondents, v. City of Auburn et al., Appellants

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

April 29, 1998

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in granting the petition and ordering respondents to provide petitioner Katheryn O'Neill with health insurance benefits. Contrary to petitioners' contention, the Management Ordinance at issue does not provide coverage for the spouse of a former employee of the City of Auburn when the marriage occurred after the date of termination or retirement. Rather...

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