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MIELE v. PENSION PLAN OF NEW YORK STATE TEAMSTERS

No. 97-CV-475 (ARR).

72 F.Supp.2d 88 (1999)

Anthony MIELE, Plaintiff, v. PENSION PLAN OF NEW YORK STATE TEAMSTERS CONFERENCE PENSION & RETIREMENT FUND and Board of Trustees of Pension Plan of New York State Teamsters Conference Pension & Retirement Fund, Defendants.

United States District Court, E.D. New York.

August 25, 1999.

Attorney(s) appearing for the Case

Edgar Pauk, Legal Services for the Elderly, New York City, for plaintiff.

Vincent DeBella, Paravati, Karl, Green & DeBella, Utica, NY, for defendant.

AMENDED OPINION AND ORDER

ROSS, District Judge.

On January 29, 1997, the plaintiff Anthony Miele filed the instant action under the Employee Retirement Income Security Act ("ERISA"). The defendants filed an answer and counterclaim on March 13, 1997. Pending before the court are motions for summary judgment from both parties. For the reasons set forth below, the court grants the defendants' motion for summary judgment in part and defers decision on...

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