WMH Preserves Health Insurance Victory on Appeal 

WMH Preserves Health Insurance Victory on Appeal 

NY Appellate Division ruling protects the healthcare rights of hundreds of

thousands of elderly and disabled retired City workers

NEW YORK [November 22, 2022] – Walden Macht & Haran, LLP (WMH) continues its unbroken streak of healthcare victories for elderly and disabled retired public servants.  Today, the New York Supreme Court, Appellate Division unanimously affirmed a landmark ruling from earlier this year requiring the City of New York to pay the entire cost of retirees’ existing health insurance.

Relying on the text of NYC Administrative Code § 12-126(b)(1) and its legislative history, the Appellate Division held that the law “requires [the City] to pay the entire cost, up to the statutory cap, of any health insurance plan a retiree selects.”

Marianne Pizzitola, the President of the NYC Organization of Public Service Retirees, an organization that represents the interests of hundreds of thousands of retired municipal workers, stated: “We are thrilled with this outcome, which ensures that countless senior citizens and disabled first responders continue to receive the healthcare benefits they are owed.  And we are grateful for WMH for securing this monumental win.”

WMH obtained a similar victory last month in Delaware, where it prevented the state from reducing the health insurance benefits of tens of thousands of retired workers.

In both cases, the retirees were represented by WMH attorney Jake Gardener with assistance from co-counsel at Pollock Cohen LLP.

Said Gardener: “Retired City workers dedicated their lives to—and in many cases risked their lives for—this City.  In return, they were promised certain retirement benefits, including a choice of City-funded health insurance.  Today, the Appellate Division made the City keep its promise.”

Gardener (a former NYC firefighter) and WMH are proud to represent retired government workers who, after dedicating their lives to public service, have been unlawfully deprived of the health insurance benefits to which they are entitled and on which they have long relied. The firm stands at the ready to protect workers’ healthcare rights and ensure that state and local authorities strictly comply with the various laws designed to safeguard these rights.

About Walden Macht & Haran, LLP

Walden Macht & Haran LLP ( is a leading boutique law firm specializing in white collar criminal defense and investigations, complex commercial disputes, monitorships and corporate compliance. Headquartered in New York and with offices in Philadelphia, the firm combines the extensive expertise of partners with backgrounds in both the public and private sphere to offer strategic, trusted counsel to our clients’ most complex legal matters.

Media Contact

Jennifer Besada, 212.335.2979,

Go to Full Article
< See All News