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Mazgulski v. Lewis

63 N.Y.2d 992 Court N.Y. Decision date 1984-11-15 English

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p. 992
In the Matter of Raymond A. Mazgulski et al., Respondents, v Albert B. Lewis, as Superintendent of Insurance, Appellant. Consumer Credit Insurance Association, Respondent, v Albert B. Lewis, as Superintendent of Insurance, et al., Appellants.
Argued October 15, 1984;
decided November 15, 1984
p. 993
APPEARANCES OF COUNSEL
Robert Abrams, Attorney-General (Robert S. Hammer, Peter H. Schiff, Frederick K. Mehlman and Richard G. Liskov of counsel), for appellants.
Alexander C. Cordes, William J. O’Connor, Jr., Philip S. Toohey and Robert E. Glanville for Raymond A. Mazgulski and others, respondents.
Jeffrey G. Stark for Consumer Credit Insurance Association, respondent.

OPINION OF THE COURT

Memorandum.

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

Petitioners instituted these two proceedings, consolidated for appeal by the Appellate Division, to challenge certain regulations of respondent Superintendent of Insurance. On this appeal the only issue submitted is whether

p. 994
respondent lawfully exercised his rule-making powers in promulgating 11 NYCRR 185.10 (d) (1-3) which provides for the allocation of dividends earned on credit life insurance policies. The regulation should be annulled for the reasons stated in the memorandum decision of Justice Edward J. Greenfield in Matter of Mazgulski v Lewis ( 118 Misc 2d 600 ).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Simons and Kaye concur; Judge Meyer taking no part.

Order affirmed, with costs, in a memorandum.

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