| Matter of Hustleby v Byron-Bergen Cent. School Dist. |
| 2005 NY Slip Op 09987 [24 AD3d 1308] |
| December 22, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 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.) |
—[*1]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.