Legal Opinion
Matter of Covel v. Town of Peru
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 2014No. 516990PublishedCited by 5 opinions
1Opinion of the CourtRose, J.
Cross appeals from a judgment of the Supreme Court (McGill, J.), entered September 5, 2012 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.
Petitioner, a former elected official and employee of respondent Town of Peru, commenced this CPLR article 78 proceeding contending that the employee benefit policy unilaterally enacted by the Town for 1991 and 1992 served as an implied promise requiring the Town to pay his health insurance benefits after he retired in 2009 with 33 years of service as a part-time employee.…
2Cases cited7 opinions
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
- Cook v. City of BinghamtonNew York Court of Appeals · 1979
- Petterson v. PattbergNew York Court of Appeals · 1928
- Currier, McCabe & Associates, Inc. v. MaherAppellate Division of the Supreme Court of the State of New York · 2010
- Emerling v. Village of HamburgAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by5 opinions
- Matter of Cobleskill Stone Products, Inc. v. Town of SchoharieAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Glens Falls City School District v. City of Glens FallsAppellate Division of the Supreme Court of the State of New York · 2016
- Binghamton Precast & Supply Corp. v. Liberty Mut. Fire Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of Bruckman v. New York State Thruway Auth.Appellate Division of the Supreme Court of the State of New York · 2018
- Matter of Glens Falls City School District v. City of Glens FallsAppellate Division of the Supreme Court of the State of New York · 2016