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Vill. of Old Brookville v. Vill of Muttontown

Muttontown's Obligations for Retiree benefits Expired With CBA in 2012

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The following papers read on this motion:Notice of Motion and Affidavits          XNotice of Cross-Motion and Affidavits               XAffirmations in Opposition   XReply Affirmations              XRELIEF REQUESTED

*1 The plaintiffs, (collectively referred to as the “Villages”), move for an order pursuant to CPLR §3212 granting the plaintiffs summary judgment against the defendant, the Village of Muttontown, (hereinafter referred to as “Muttontown”), for the present value of post-employment health benefits in the sum of $5,981,321 plus 9 percent interest from May 31, 2011, plus a 15 percent late charge, and an order lifting the stay of the trial in this matter. The plaintiffs submit a Memorandum of Law in support of the motion.Muttontown cross-moves for an order pursuant to CPLR §3212 granting Muttontown partial summary judgment dismissing the Villages’ claim for retiree health benefits, including claims allegedly conceded by the Villages, such as sick time, vacation time, personal time, comp time, and termination days accrued, or in the alternative, an order compelling discovery on the Villages’ claims for post-retirement health benefits, or an order precluding the Villages from presenting such evidence at the time of trial.

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