Matter of Susan K. Hustleby v Byron-Bergen Central School District

Matter of Hustleby v Byron-Bergen Cent. School Dist. 2005 NY Slip Op 09988 [24 AD3d 1308] December 22, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

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. 2.)

—[*1]Appeal from a judgment of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered September 10, 2004 in a proceeding pursuant to CPLR article 78. The judgment, 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 the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Hurlbutt, J.P., Scudder, Gorski, Smith and Hayes, JJ.