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CERASOLI v. XOMED, INC.

No. 96-CV-6341L.

47 F.Supp.2d 401 (1999)

Don A. CERASOLI, Plaintiff, v. XOMED, INC., a Subsidiary of Xomed Surgical Products, Merocel/Xomed Holding, Inc., Defendants.

United States District Court, W.D. New York.

April 30, 1999.

Attorney(s) appearing for the Case

Neal Anthony Murphy, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, NY, Louis J. Micca, Boylan, Brown, Code, Fowler, Vigdor & Wilson, LLP, Rochester, NY, Craig L. McGrain, Patrick Tomovic, Hodgson, Russ, Andrews, Woods & Goodyear, Rochester, NY, for plaintiff.

Mark J. Moretti, Michael R. Law, Rochester, NY, Melissa A. Fingar, Phillips, Lytle, Hitchcock, Blaine & Huber, Rochester, NY, Richard N. Margulies, Karen Ibach Bowden, Mahoney, Adams & Criser, P.A., Jacksonville, FL, for Merocel/Xomed Holdings, Inc., defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

In this action brought under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., plaintiff Don A. Cerasoli alleges that his employer, Xomed, Inc., misrepresented to him that his coverage under Xomed's long-term disability plan ("the plan") would commence immediately upon his employment with Xomed, whereas in fact coverage did not begin until ninety days after he began...

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