Legal Opinion

Rice v. Cayuga-Onondaga Healthcare Plan

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 1993PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Boehm, J.

In this case, we are called upon to determine whether a cooperative self-insurance plan, formed by several school districts pursuant to article 5-G of the General Municipal Law, is an independent legal entity amenable to suit. We conclude that it is not.

I

The facts in this declaratory judgment action are largely undisputed. In 1981, several school districts in the Cayuga-Onondaga BOCES region entered into a cooperative agreement, forming defendant Cayuga-Onondaga Area Schools Employees’ Health Care Plan (Plan), "to jointly provide basic hospital, surgical, major…

2Cases cited6 opinions

  1. De Veau v. BraistedSupreme Court of the United States · 1960
  2. De Veau v. BraistedNew York Court of Appeals · 1959
  3. De Veau v. BraistedAppellate Division of the Supreme Court of the State of New York · 1958
  4. Board of Cooperative Educational Services v. GoldinAppellate Division of the Supreme Court of the State of New York · 1972
  5. Hartford Insurance Group v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1986

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3Cited by10 opinions

  1. Nassau County v. Inc. Village of RoslynAppellate Division of the Supreme Court of the State of New York · 1995
  2. McFadden v. SchneidermanAppellate Division of the Supreme Court of the State of New York · 2016
  3. Tompkins-Seneca-Tioga Schools Health Insurance Cooperative v. Candor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
  4. Ide v. E. J. Del Monte Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  5. BAKOS, WALTER R. v. NEW YORK CENTRAL MUTUAL FIRE INSURAAppellate Division of the Supreme Court of the State of New York · 2011

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