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Rubin v. Harnett

45 N.Y.2d 886 Court N.Y. Decision date 1978-10-24 English

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p. 886
Donald Rubin et al., Appellants, v Thomas A. Harnett, as Superintendent of Insurance of the State of New York, et al., Respondents, and Health Insurance Plan of Greater New York, Inc., Intervenor-Respondent.
Argued September 20, 1978;
decided October 24, 1978
p. 887
APPEARANCES OF COUNSEL
Richard M. Asche and Martin I. Kaminsky for appellants.
Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel I. Hirshowitz of counsel), for respondents.
Charles G. Moerdler, Vivienne W. Nearing, Burton N Lipshie, Karen Wagner and William Kutner for intervenor-respondent.
p. 888
OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the reasoning of the Appellate Division in its memorandum. In addition, we would note that the amendment to section 255 of the Insurance Law (L 1970, ch 572, now Insurance Law, § 255, subd 2-a, par [d]), following our decision in Matter of Procaccino v Stewart ( 25 NY2d 301 , 305) removes any doubt that the requirements of section 2807 of the Public Health Law and section 255 of the Insurance Law are not necessarily dependent.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

Cases cited

Statutes and regulations cited