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WESTCHESTER COUNTY CORR. OFFICERS BENEVOLENT ASSN., INC. v. COUNTY OF WESTCHESTER

2018-05156. Index No. 26982/10.

197 A.D.3d 684 (2021)

153 N.Y.S.3d 124

2021 NY Slip Op 04734

Westchester County Correction Officers Benevolent Association, Inc., 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.

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 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 correction 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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