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MCDONALD POLICE v. GENEVA

92 N.Y.2d 326 (1998)

703 N.E.2d 745

680 N.Y.S.2d 887

In the Matter of Aeneas McDonald Police Benevolent Association, Inc., Appellant, v. City of Geneva, Respondent.

Court of Appeals of the State of New York.

Decided October 20, 1998.

Attorney(s) appearing for the Case

Bohl, Della Rocca & Dorfman, P. C., Albany (James B. Tuttle of counsel), for appellant.

Harris, Beach & Wilcox, L. L. P., Rochester (Peter J. Spinelli and Edward A. Trevvett of counsel), for respondent.

Bartlett, Pontiff, Stewart & Rhodes, P. C., Albany (John J. Poklemba and Lawrence H. Weintraub of counsel), for Police Conference of New York, Inc., amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

In 1972, the City Council of the City of Geneva enacted Resolution No. 33, declaring that the City would furnish health benefits to all retired City employees through the Genesee Valley Medical Health Care Plan. Thereafter, the City provided benefits to its retirees and, although Resolution No. 33 was never formally repealed, the City utilized different providers...

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