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MTR. OF GREENSEID v. STEWART

31 A.D.2d 454 (1969)

In the Matter of Harry Greenseid et al., Individually and as Trustees of Local No. 11 Welfare Trust Fund, Petitioners, v. Richard E. Stewart, as Superintendent of Insurance of The State of New York, Respondent In the Matter of Austin B. Cox, Individually and as a Former Trustee of Local No. 11 Welfare Trust Fund, Petitioner, v. Richard E. Stewart, 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.

April 2, 1969.

Attorney(s) appearing for the Case

Robert Roy Dann of counsel (Alfred J. Bohlinger and Victor M. Rosenzweig with him on the brief; Aranow, Brodsky, Bohlinger, Einhorn & Dann, attorneys), for Harry Greenseid and others, petitioners.

Murray Gartner of counsel (Louis B. Livingston with him on the brief; Poletti Freidin Prashker Feldman & Gartner, attorneys), for Austin B. Cox, petitioner.

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

CAPOZZOLI, J. P., McGIVERN, MARKEWICH, NUNEZ and STEUER, JJ., concur.

Per Curiam.

This proceeding under article 78 of the CPLR, transferred here from Special Term by consent, brings up for review a determination of respondent Superintendent of Insurance by which, in a proceeding instituted under article III-A of the Insurance Law, certain penalties were visited by him upon the trustees of Local No. 11 welfare trust fund (respondents in that inquiry, petitioners here).

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