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POINT PLEASANT PBA v. POINT PLEASANT

DOCKET NO. A-4416-08T2.

990 A.2d 693 (2010)

412 N.J. Super. 328

POINT PLEASANT BOROUGH PBA LOCAL #158, Richard L. Fennessy, Robert J. Wells, Sr., and Lewis E. Thompson, Plaintiffs-Appellants, v. BOROUGH OF POINT PLEASANT, and Borough of Point Pleasant Council, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 2010.

Attorney(s) appearing for the Case

David J. DeFillippo, Red Bank, argued the cause for appellants (Klatsky Sciarrabone & DeFillippo, attorneys; Mr. DeFillippo, of counsel and on the brief).

Jerry J. Dasti, Forked River, argued the cause for respondents (Dasti, Murphy, McGuckin, Ulaky, Cherkos & Connors, attorneys; Mr. Dasti, of counsel and on the brief with Christopher K. Koutsouris).

Before Judges CUFF, PAYNE and MINIMAN.

The opinion of the court was delivered by

PAYNE, J.A.D.

This matter requires us to determine the effect of N.J.S.A. 40A:10-23, governing the discretionary payment by the employer of premiums for health benefits coverage following retirement, upon the Borough of Point Pleasant's Ordinance § 14-19, which also concerns the same subject matter, and Article X of the Collective Negotiations Agreement (CNA)1 entered between...

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