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MTR. OF MASS. MUT. INS. v. THACHER

15 A.D.2d 242 (1961)

In the Matter of Massachusetts Mutual Life Insurance Company, Petitioner, v. Thomas Thacher, as Superintendent of Insurance of The State of New York, Respondent In the Matter of Mutual Life Insurance Company of New York, Petitioner, v. Thomas Thacher, as Superintendent of Insurance of The State of New York, Respondent

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

December 19, 1961.

Attorney(s) appearing for the Case

Rowland H. Long of counsel (Edward T. Post with him on the brief; Tanner, Friend, Kinnan & Post, attorneys), for Massachusetts Mutual Life Insurance Company, petitioner.

James D. Ewing of counsel (Arthur O. Kaiser and Eugene Z. Du Bose with him on the brief; Alexander & Green, attorneys), for the Mutual Life Insurance Company of New York, petitioner.

Samuel A. Hirshowitz of counsel (Philip Weinberg with him on the brief; Louis J. Lefkowitz, Attorney-General), for respondent.

VALENTE and BASTOW, JJ., concur with STEVENS, J.; RABIN, J., dissents in opinion in which BOTEIN, P. J., concurs.

STEVENS, J.

These are companion proceedings, separately brought, under article 78, to review and annul determinations of the Superintendent of Insurance (herein called respondent) dated December 28, 1960, in which he withdrew his approval of option forms submitted by each petitioner.

The questions involve the power of respondent, under the statute, the nature of such power and, if that power be discretionary...

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