Bransten v State of New York, 117 AD3d 455
Accordingly, said the Appellate Division, the State’s motion to dismiss the Bransten action was properly denied by Supreme Court.
The Retired Public Employees Association, Inc. [RPEA] v Cuomo decision
The court explained that: “Given the Legislature's expressed intent** to authorize a modification in the state's contribution rate towards retiree health insurance premiums under the circumstances present here, we conclude that [the State’s] actions in effectuating the reduced state contribution rates was both lawful and in compliance with the statute".
It then dismissed RPEA's complaint on the ground that the Complaint "failed to state a cause of action ... except that the John and Mary Does 1-2,000, current and retired Judges and Justices of the Unified Court System of the State of New York are dismissed from this action, without prejudice."***
* 4 NYCRR 73.3 [b].
*** Retired State judges and retired State legislative personnel were among the pre-contract State retirees included in RPEA's action.
The RPEA decision is posted on the Internet at: