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MATTER OF CATHIE v. GREENSTEIN

2019-06047. Index No. 64975/18.

194 A.D.3d 925 (2021)

2021 NY Slip Op 03174

In the Matter of Bruce Cathie, Appellant, v. Robert J. Greenstein et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 19, 2021.

Attorney(s) appearing for the Case

Phillips Nizer LLP, New York, NY ( Craig E. Penn of counsel), for appellant.

Keane & Beane, P.C., White Plains, NY ( Jaclyn G. Goldberg of counsel), for respondents.

Chambers, J.P., Austin, LaSalle and Wooten, JJ., concur.

Ordered that the order and judgment is affirmed, with costs.

The petitioner, a retired police sergeant, commenced this proceeding pursuant to CPLR article 78 to review a determination of the Town of New Castle, denying his request to change the provider of his retiree health insurance coverage. The respondents moved pursuant to CPLR 3211(a) to dismiss the petition, asserting, among other things, the affirmative defense...

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