He served his country proudly in the United States Army Air Corps during World War II. He was a member of the Cathedral Choir for more than 75 years. He was a member of the former Bethel Christian Reformed Church in Paterson where he served as an Elder and more recently a member of the Cedar Hill Christian Reformed Church in Wyckoff. He served as choir director at Fourth CRC/Faith Community CRC. He was a self-employed building contractor retiring in 1985. 1.īorn in Paterson, he was a resident of North Haledon since 1959. DeVries, 95, died at the Holland Christian Home on Jan. Plaintiff's remaining arguments on appeal are without sufficient merit to warrant discussion in a written opinion. 1993) (State Health Program is not an "insurance policy"). The Law Division judge dismissed plaintiff's suit under Rule 4:6-2(e), having determined that the ordinance applies to "group insurance contracts" only, and that the State Program is not a "group insurance contract." Heaton v. In other words, elected officials who participate cannot be required to pay for coverage unless all other municipal employees are required to do so. The Program provides that, to avoid discrimination, the employer must pay the premium for its employees and must pay the same percentage for coverage premiums for dependents that it pays for all its employees. Under those regulations, elected officials are municipal employees eligible for coverage. In 2001, the municipal council adopted a resolution cancelling its health coverage policy with a private insurer, and simultaneously enrolling in the State Health Benefits Program (Program), subject to statute and state regulations. We have considered these arguments in light of the record and we affirm essentially for the reasons set forth by the Law Division judge in his thorough and thoughtful written opinion. THE STATE HEALTH BENEFITS COUNCIL'S REFUSAL TO PARTICIPATE IN THE CONTROVERSY SHOULD HAVE BEEN CONSIDERED IN A LIGHT MOST FAVORABLE TO THE PLAINTIFF WHO WAS OPPOSING THE MOTIONS FOR SUMMARY JUDGMENT.
#JOHN POSTERINO FORMER NORTH HALEDON IN NJ TRIAL#
THE TRIAL COURT'S CONCLUSION THAT THE INDIVIDUAL DEFENDANTS WERE ELIGIBLE FOR COVERAGE AFTER THE AMENDMENTS TO THE STATE HEALTH BENEFITS ACT EFFECTIVE IS ERRONEOUS. THE BOROUGH IS NOT PROHIBITED FROM REQUIRING ELECTED OFFICIALS TO REIMBURSE THE BOROUGH FOR THE COST OF THEIR HEALTH INSURANCE UNDER THE SHBP. THE TRIAL COURT'S CONCLUSION THAT ORDINANCE #11-1992 APPLIES ONLY TO 'GROUP HEALTH INSURANCE CONTRACTS' AND NOT THE STATE HEALTH BENEFITS PROGRAM IS ERRONEOUS. 4:6-2 RATHER THAN FOR SUMMARY JUDGMENT PURSUANT TO R. THE TRIAL COURT COMMITTED ERROR BY DECIDING THE DEFENDANTS' MOTION FOR DISMISSAL PURSUANT TO R. Plaintiff appeals and raises the following arguments The Law Division judge dismissed the complaint on April 25, 2013, in accordance with his fifteen-page written opinion. In addition to seeking to compel the borough to enforce the ordinance, the complaint also sought to require the individual defendants to reimburse the borough for their health coverage costs. The complaint alleged that the individual defendants, as elected officials of the municipality, received health insurance coverage paid for by the borough, but failed to reimburse the municipality for the costs incurred, as required by ordinance. The complaint sought to compel the borough to enforce a municipal ordinance adopted in 1992 permitting elected officials of the borough to participate in its "employer group insurance contracts" but requiring such elected officials to "reimburse the orough for the costs" incurred by their participation. Plaintiff, a resident of North Haledon, appeals from the Law Division's order dismissing his complaint in lieu of prerogative writs against the Borough of North Haledon, its Mayor and members of the Municipal Council. Orloff, of counsel and on the brief Craig A.
Orloff argued the cause for respondents Raymond Melone, Donna Puglisi, Rocco Luisi and Elaine Vuoncino (Orloff, Lowenbach, Stifelman & Siegel, P.A., attorneys (Mr. Fiorenzo, of counsel and on the brief Mr. Steven Siegel argued the cause for respondent Borough of North Haledon (Sokol, Behot & Fiorenzo, attorneys Joseph B. Segreto argued the cause for appellant John Bleeker (Segreto, Segreto & Segreto, attorneys Mr. On appeal from Superior Court of New Jersey, Law Division, Passaic County, Docket No.
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