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BERRY v. STEWART

64 Misc.2d 590 (1970)

William H. Berry, as Chairman of the Board of Directors of New York Property Insurance Underwriting Association, Petitioner, v. Richard E. Stewart, as Superintendent of Insurance of the State of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

September 29, 1970

Attorney(s) appearing for the Case

Donovan, Donovan, Maloof & Walsh (John J. Walsh of counsel), for petitioner. Robert M. Stein for Buy-Rite Discount Centers, Inc., respondent. Louis J. Lefkowitz, Attorney-General (Richard S. Scanlan of counsel), for Richard E. Stewart, respondent.

ARNOLD L. FEIN, J.

This is an article 78 proceeding to review and vacate a determination of respondent Superintendent of Insurance of the State of New York.

All parties concede that this proceeding for review must be transferred to the Appellate Division, First Department, in accordance with CPLR 7803 (subd. 4) and CPLR 7804 (subd. [g]), and it is so ordered.

The remaining issue before Special...

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