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ANDERSON v. NIAGARA FALLS SCH.

145392.

41 Misc.3d 425 (2013)

972 N.Y.S.2d 416

2013 NY Slip Op 23274

In the Matter of ROBERT A. ANDERSON, JR., et al., on Behalf of Themselves and CERTAIN OTHER RETIRED EMPLOYEES OF THE NIAGARA FALLS CITY SCHOOL DISTRICT, FORMERLY IN THE CSEA BARGAINING UNIT, Petitioners, v. NIAGARA FALLS CITY SCHOOL DISTRICT et al., Respondents.

Supreme Court, Niagara County.

Decided July 11, 2013.

Attorney(s) appearing for the Case

Civil Service Employees Association, Inc., Albany ( Constance R. Brown and Paul S. Bamberger of counsel), for petitioners.

Angelo Massaro and Roscetti & DeCastro, PC., Niagara Falls ( James C. Roscetti of counsel), for respondents.

OPINION OF THE COURT

RALPH A. BONIELLO, III, J.

Petitioners commenced a special proceeding pursuant to article 78 of the CPLR requesting various relief including that an order be entered adjudging that the actions of the respondents, in diminishing petitioners' health insurance benefits by placing the petitioners in the "Blue Cross/Blue Shield Forever Blue Medicare PPO 799 Plan" (hereinafter Forever Blue Plan...

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