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MTR. OF MUT. ACC. ASSN. v. HOLZ

5 A.D.2d 388 (1958)

In the Matter of Mutual Benefit Health and Accident Association, Appellant, v. Leffert Holz, as Superintendent of Insurance of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 9, 1958.

Attorney(s) appearing for the Case

John P. Walsh, Thomas A. Harnett, DeRoy C. Thomas for appellant.

Louis J. Lefkowitz, Attorney-General (Robert W. Bush and Paxton Blair of counsel), for respondent.

COON, J., concurs with FOSTER, P. J.; BERGAN, J., concurs in the result, in a separate opinion; GIBSON, J., dissents in a memorandum.

FOSTER, P. J.

This is an appeal from an order of the Supreme Court which denied and dismissed on the merits petitioner's application for a review of a determination of the respondent Superintendent of Insurance denying a claim for a refund of $14,186 paid by it as so-called retaliatory taxes, pursuant to section 61 of the Insurance Law, for the years 1949, 1950, 1951 and 1952.

Petitioner, the Mutual Benefit...

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