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MEDICAL SOCY. v. SERIO

100 N.Y.2d 854 (2003)

800 N.E.2d 728

768 N.Y.S.2d 423

In the Matter of MEDICAL SOCIETY OF THE STATE OF NEW YORK et al., Appellants, v. GREGORY SERIO, as Superintendent of Insurance of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 21, 2003.

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Albany (Thomas F. Gleason of counsel), and Suzanne Y. Mattei, New York City, for appellants.

Eliot Spitzer, Attorney General, New York City (Robert H. Easton, Caitlin J. Halligan and Michael S. Belohlavek of counsel), for respondents.

Joseph Henig, Bellmore, for The New York and Presbyterian Hospital, amicus curiae.

Anderson Kill & Olick, P.C., New York City (Eugene R. Anderson and William G. Passannante of counsel), and Amy Bach, Mill Valley, California, for United Policyholders, amicus curiae.

LeBoeuf, Lamb, Greene & MacRae, L.L.P., New York City (G. Richard Dodge, Jr., of counsel), for New York Insurance Association, Inc. and others, amici curiae.

Judges SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

Chief Judge KAYE.

This appeal tests the authority of the Superintendent of Insurance to promulgate certain new regulations respecting no-fault automobile insurance benefits, primarily those reducing the time frames for claiming and proving entitlement to such benefits. Petitioners challenge the regulations on a variety of statutory and constitutional grounds. We hold that promulgation...

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