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  5. 25 N.Y.2d 301 (1969)
 

MATTER OF PROCACCINO v. STEWART

25 N.Y.2d 301 (1969)

In the Matter of Mario A. Procaccino, Individually and as Comptroller of the City of New York, et al., Appellants, v. Richard E. Stewart, as Superintendent of Insurance of the State of New York, et al., Respondents. In the Matter of City of New York, Appellant, v. Richard E. Stewart, as Superintendent of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 2, 1969.

Attorney(s) appearing for the Case

Jacob D. Fuchsberg and Irving Lemov for appellants in first above-entitled proceeding.

J. Lee Rankin, Corporation Counsel (John R. Thompson, William M. Murphy and Gary Mailman of counsel), for appellant in second above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Philip Weinberg and Samuel A. Hirshowitz of counsel), for Richard E. Stewart, respondent.

Robert A. Bicks and Charles M. Mitchell for Associated Hospital Service of New York and another, respondents.

Judges BURKE, BERGAN and GIBSON concur with Chief Judge FULD; Judge SCILEPPI dissents and votes to reverse and reinstate the judgment of Special Term in a separate opinion in which Judges BREITEL and JASEN concur.

Chief Judge FULD.

Since, in our view, the Superintendent, in approving the increase in subscriber rates, acted neither in excess of his jurisdiction, in violation of lawful procedure nor in abuse of discretion or arbitrarily, the courts have no alternative but to confirm his determination (CPLR 7803).

On August 15, 1969 the Superintendent of Insurance approved an increase, averaging 43.3%, in the rates...

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