McKAY v. STEWART


29 N.Y.2d 563 (1971)

Raymond McKay et al., as Trustees of the District 2, M. E. B. A. Vacation Plan, Respondents, v. Richard E. Stewart, as Superintendent of Insurance of the State of New York, Appellant. James Cecire et al., as Trustees of the Seafarers Vacation Plan, Respondents, v. Richard E. Stewart, as Superintendent of Insurance of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1971.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald and Samuel A. Hirshowitz of counsel), for appellant.

Andrew T. McEvoy, Jr. and Bertram Perkel for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


MEMORANDUM.

The vacation plans at issue, resulting from agreements between employers and unions, are reasonably within the scope of article III-A of the Insurance Law requiring registration with the Superintendent of Insurance and examination and reports respecting the plans as "employees' welfare funds".

Such a fund is defined as a means of providing "employee benefits...

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