On June 9, 2016 NYSUT received favorable decisions from the Appellate Division concerning our NYSHIP buyout litigation. Below is the decision:
"The Appellate Division, Third Department, granted NYSUT OGC's motions for reargument in both the Plainview and Roslyn NYSHIP cases, and simultaneously reversed its own prior adverse ruling that it had issued on November 25, 2015. By these decisions, the Appellate Division held that Policy Memorandum 122r3 ("Policy Memo") is null and void, and therefore, the Department of Civil Service did not have the statutory authority to limit or alter a negotiated health insurance buyout benefit that our members have long been guaranteed by their collective bargaining agreements. The Appellate Division credited our arguments that the Policy Memo constituted a "rule or regulation" within the meaning of the NYS Constitution and Executive Law, and it was therefore invalid until filed with the Department of State. Because Civil Service never filed it, it was invalid, and thus the statute of limitations never began to run on our claims, making them timely. Therefore, the Appellate Division affirmed the lower court's finding that our petitions in Roslyn and Plainview were timely filed and the Policy Memo is null and void."