Legal Opinion

DeRosa v. Dyster

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

Decided December 23, 2011PublishedCited by 14 opinions

1Opinion of the Court

Memorandum:

Petitioner, a retired employee of respondent City of Niagara Falls (City), commenced this CPLR article 78 proceeding seeking to compel respondent Mayor of the City and the City to provide her with either postemployment health insurance coverage or opt-out payments in lieu of such coverage, pursuant to the terms of a memorandum of understanding (MOU) between the City and, inter alia, the union representing petitioner (union). Respondents moved to dismiss the petition on the ground that it was legally insufficient. Supreme Court granted the petition in part by requiring only the City…

2Cases cited5 opinions

  1. In re the Arbitration between City of Niagara Falls & Niagara Falls Police Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Connor v. Town of NiskayunaAppellate Division of the Supreme Court of the State of New York · 2011
  3. One Niagara LLC v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2010
  4. Werdein v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1995
  5. Kwiatkowski v. BertoldoAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by14 opinions

  1. Buff v. Village of ManliusAppellate Division of the Supreme Court of the State of New York · 2014
  2. 712 Realty, LLC v. PoliardAppellate Terms of the Supreme Court of New York · 2024
  3. Armstrong v. Town of TonawandaAppellate Division of the Supreme Court of the State of New York · 2023
  4. BUFF, PHILIP v. VILLAGE OF MANLIUSAppellate Division of the Supreme Court of the State of New York · 2014
  5. Buff v. Village of ManliusAppellate Division of the Supreme Court of the State of New York · 2014

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