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KOLBE v. TIBBETTS

No. 235.

22 N.Y.3d 344 (2013)

3 N.E.3d 1151

980 N.Y.S.2d 903

2013 NY Slip Op 8290

HERBERT KOLBE et al., Appellants, v. CHRISTINE J. TIBBETTS, as Superintendent of Schools of the Newfane Central School District, et al., Respondents.

Court of Appeals of New York.

Decided December 12, 2013.

Attorney(s) appearing for the Case

Paul S. Bamberger , Albany, Civil Service Employees Association, Inc., and Reden & O'Donnell, LLP, Buffalo ( Terry M. Sugrue and Joseph E. O'Donnell of counsel), for appellants.

Hodgson Russ LLP, Buffalo ( Karl W. Kristoff and Jeffrey T. Fiut of Counsel), for respondents.

Lisa M. King , Albany, Rita J. Strauss and John F. Kershko , for New York State Public Employees Federation, AFL-CIO, amicus curiae.

D. Jeffrey Gosch , Syracuse, for Civil Service Employees Association, Inc., Local 1000, AFLSCME, AFL-CIO, amicus curiae.

Timothy G. Kremer , Latham, Jay Worona and Pilar Sokol , for New York State School Boards Association, amicus curiae.

Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

This case calls on us to decide whether certain collective bargaining agreements conferred upon plaintiff retirees a vested right to the same health insurance coverage they had when they retired and, if so, whether unilateral modifications to that coverage are nonetheless permissible under either the contract terms or the New York Insurance Moratorium Law. We hold that...

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