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MTR. OF PROCACCINO v. STEWART

32 A.D.2d 486 (1969)

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

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

September 25, 1969.

Attorney(s) appearing for the Case

Robert A. Bicks of counsel (Laurence R. Martin, John F. Carney and Charles M. Mitchell with him on the brief; Breed, Abbott & Morgan, attorneys), for Associated Hospital Service of New York and another, appellants.

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

Jacob D. Fuchsberg of counsel (Irving Lemov with him on the brief; Fuchsberg & Fuchsberg, attorneys), for Mario A. Procaccino, respondent.

J. Lee Rankin, Corporation Counsel (John R. Thompson, William M. Murphy and Gary Mailman with him on the brief), for City of New York, respondent.

STEVENS, P. J., TILZER, MARKEWICH and McNALLY, JJ., concur in Per Curiam opinion; NUNEZ, J., dissents in opinion.

Per Curiam.

Respondents-appellants Superintendent of Insurance and Associated Hospital Service of New York (AHS) appeal from the judgment entered at Special Term on September 9, 1969, in an article 78 proceeding, annulling the Superintendent's decision of approval of an increase in the rates to be charged by AHS to its community-rated Blue Cross subscribers, and remanding the matter to him to approve "a temporary emergency...

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