Bentkowski v City of New York
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INDEX NO. 154962/2023 FILED: NEW YORK COUNTY CLERK 09/19/2023 04:54 PM NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 09/19/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. LYLE E. FRANK Justice ---------------------------------------------------------------------------------X ROBERT BENTKOWSKI, KAREN ENGEL, MICHELLE FEINMAN, NANCY LOSINNO, JOHN MIHOVICS, KAREN MILLER, ERICA RHINE, ELLEN RIESER, BEVERLY ZIMMERMAN, THE NEW YORK CITY ORGANIZATION OF PUBLIC SERVICE RETIREES, INC., INDEX NO. MOTION DATE 11M 154962/2023 06/08/2023 002 MOTION SEQ. NO. Petitioner, -vTHE CITY OF NEW YORK, ERIC ADAMS, THE CITY OF NEW YORK OFFICE OF LABOR RELATIONS, RENEE CAMPION, THE NEW YORK CITY DEPARTMENT OF EDUCATION, DAVID C. BANKS, DECISION + ORDER ON MOTION Respondent. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 2, 82, 83, 84, 85, 86, 87, 88, 89, 90, 92 were read on this motion to/for ARTICLE 78 (BODY OR OFFICER) . The Decision and Order of this Court dated August 11, 2023, NYSCEF Doc. 102 is hereby vacated as it relates to motion sequence 001. The Decision and Order this Court, dated July 6, 2023, NYSCEF Doc. 95 is the final decision of this Court as it relates to motion sequence 001. The Decision and Order of this Court as it relates to the Notice of Petition, motion sequence 002, is as follows: On June 5, 2023, the Court issued a preliminary injunction in this matter. The Court has been informed by the parties that they do not wish for the Court to hold any additional argument, nor will there be further submissions. As such, this matter is ripe for a final determination. The Court therefore grants the petition for the reasons indicated in the July 6, 2023, namely that both the doctrine of promissory estoppel and the provisions of New York City 154962/2023 Motion No. 002 [* 1] Page 1 of 2 1 of 2 INDEX NO. 154962/2023 FILED: NEW YORK COUNTY CLERK 09/19/2023 04:54 PM NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 09/19/2023 Administrative Code Section 12-126 bars the actions sought to be taken by respondents. The Court does not reach the last point of relief in the petition, namely that the respondents should be enjoined from disseminating alleged false and misleading statements of the Aetna Medicare Advantage Plan. Based on the foregoing, it is hereby ORDERED that the Respondents are permanently enjoined from requiring any City retirees, and their dependents from being removed from their current health insurance plan(s), and from being required to either enroll in an Aetna Medicare Advantage Plan or seek their own health coverage. 9/19/2023 DATE CHECK ONE: LYLE E. FRANK, J.S.C. X CASE DISPOSED GRANTED NON-FINAL DISPOSITION DENIED GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 154962/2023 Motion No. 002 [* 2] X OTHER REFERENCE Page 2 of 2 2 of 2
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