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CALDARA v. COUNTY OF WESTCHESTER

2018-04925. Index No. 59782/17.

197 A.D.3d 607 (2021)

149 N.Y.S.3d 906

2021 NY Slip Op 04693

Matthew Caldara et al., Appellants, v. County of Westchester et al., Respondents.

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

Decided August 18, 2021.

Attorney(s) appearing for the Case

Roth Law Group, PLLC, White Plains, NY ( Warren J. Roth of counsel), for appellants Matthew Caldara, Mary Autorino, Richard Bortnowsky, Dennis D'Alessio, Michael DeVito, Thomas Diana, Joseph Dupuy, Raymond Fennell, Matthew Fortino, James Harrison, Michael Henneberry, Thomas Jackson, Thomas Miller, Peter Occhipinti, Thomas O'Connor, Francisco Ortiz, Robert Outhouse, Denise Potenza, Roseanne Riguzzi, Linda Roche, Robert Roche, Rudolph Rosa, Raymond Tkacz, Dolph Tutoni, David White, and Ronald Wolken.

James Clarke, Hopewell Junction, NY, appellant pro se.

John M. Nonna , County Attorney, White Plains, NY ( Linda Trentacoste and Justin R. Adin of counsel), for respondents.

Dillon, J.P., Connolly, Iannacci and Christopher, JJ., concur.

Ordered that the amended order is affirmed, with costs.

The plaintiffs commenced this action to recover damages for breach of a collective bargaining agreement (hereinafter CBA) based on the defendants' failure to pay certain benefits to the individual plaintiffs. The plaintiffs contend that any police officer who has been receiving disability benefits pursuant to General Municipal Law § 207-c and who then receives a disability retirement pension upon the County...

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