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LEDAIN v. TOWN OF ONTARIO

192 Misc.2d 247 (2002)

746 N.Y.S.2d 760

RONALD J. LEDAIN, Plaintiff, v. TOWN OF ONTARIO, Defendant.

Supreme Court, Wayne County.

July 15, 2002.

Attorney(s) appearing for the Case

Harris Beach LLP (Edward A. Trevvett of counsel), for defendant.

Nancy E. Hoffman (Miguel Ortiz of counsel), for plaintiff.

OPINION OF THE COURT

JOHN B. NESBITT, J.

Must a retiree claiming that his former municipal employer violated his right to postemployment health insurance benefits vested under an expired collective bargaining agreement seek relief through the grievance arbitration procedure contained in that agreement? The appellate courts of this state have not spoken on this issue. Under the facts of this case, given the broad...

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