Clarkstown Teachers Ass'n v. Board of Education

Yesawich, Jr., J.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Meehan, J.), entered June 16, 1989 in Rockland County, which denied defendant’s cross motion for summary judgment dismissing the complaint and granted summary judgment to plaintiff.

Effective October 24,1988, Congress amended section 300e-9 of the Public Health and Welfare Law (42 USC § 300e-9) which concerns health maintenance organizations (hereinafter HMOs). Prior to the amendment, the regulations promulgated thereunder required of employers that…