It is hereby ordered that the judgment so appealed from is modified on the law by granting that part of respondents' motion seeking to dismiss the petition against respondent City of Niagara Falls insofar as petitioner sought to compel that respondent to permit her to opt out of the health insurance plan and to receive opt-out payments and by vacating the second decretal paragraph and as modified the judgment is affirmed without costs.
Memorandum: Petitioner, a retired...
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