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ASSN. OF UNDERWRITERS v. SUPT. OF INS.

37 A.D.2d 304 (1971)

In the Matter of New York State Association of Life Underwriters et al., Respondents, v. Superintendent of Insurance of the State of New York et al., Appellants

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

October 21, 1971.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Vincent P. Molineaux, Ruth Kessler Toch and Thomas P. Zolezzi of counsel), for Superintendent of Insurance, appellant.

DeGraff, Foy, Conway & Holt-Harris (John E. Holt-Harris, Jr., of counsel), for Connecticut General Life Insurance Company, appellant.

Shearman & Sterling (Herman E. Compter, Henry Harfield and James B. Keenan of counsel), for First National City Bank, appellant.

John R. Davison for New York State Association of Life Underwriters and others, respondents.

Royall, Koegel & Wells (Mataraso & MacAffer of counsel), for CUNA Mutual Insurance Society and another, amici curiae.

Roderick C. Sager (Frederick W. Read, Jr., Daniel J. Reidy, Vector Whitehorn and Donald M. Wilson of counsel), for Association of New York State Life Insurance Companies, amicus curiae.

HERLIHY, P. J., STALEY, JR., SWEENEY and SIMONS, JJ., concur.

COOKE, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered August 20, 1971 in Albany County, which: (1) directed that the Superintendent of Insurance cease taking further action, except cancellation, as to his "Circular Letter No. 14 (1970)" issued November 19, 1970 addressed "To All Insurers Licensed to Write Life and Accident and Health Insurance in New York State" and that he...

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