General
In the Matter of Susan K. Hustleby et al., as Retired Employees of Byron-Bergen Central School District, Respondents, v. Byron-Bergen Central School District, Appellant
24 A.D.3d 1308805 N.Y.S.2d 912·New York Supreme Court, Appellate Division·2005·NY
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Opinion
In the Matter of Susan K. Hustleby et al., as Retired Employees of Byron-Bergen Central School District, Respondents, v Byron-Bergen Central School District, Appellant.
(Appeal No. 1.)
[805 NYS2d 912]
[MAJORITY]
Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), dated July 1, 2004 in a proceeding pursuant to CPLR article 78. The order, inter alia, granted the petition to the extent of directing respondent to provide petitioners co-pay benefits equivalent to active employees.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see CPLR 5701 [b] [1]). Present—Hurlbutt, J.P., Scudder, Gorski, Smith and Hayes, JJ.