SIMS v. STATE


30 A.D.3d 949 (2006)

818 N.Y.S.2d 314

H. RICHARD SIMS, Appellant, v. STATE OF NEW YORK, Respondent.

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

June 29, 2006.


Mercure, J.P.

Upon the death of plaintiff's wife, an employee of the Department of Motor Vehicles, the Department of Civil Service notified plaintiff that he was not eligible to continue his participation in his wife's health insurance plan as part of the Dependent Survivor Program. Approximately 19 months later, plaintiff commenced this action in Supreme Court against defendant for breach of contract. Plaintiff sought specific performance of his wife's employee benefit...

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