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MATTER OF GUMINICK v. STEWART

30 N.Y.2d 684 (1972)

In the Matter of Frederick Guminick et al., 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 March 24, 1972.

Attorney(s) appearing for the Case

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

Raymond Hagan and Robert Thomajan for respondents.

Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON concur; Chief Judge FULD and Judge SCILEPPI dissent and vote to affirm.

MEMORANDUM.

The order of the Appellate Division should be modified by remitting the matter to Special Term with directions to remand the charge against the petitioners to appellant Superintendent of Insurance for further proceedings and, as modified, affirmed, without costs. As a matter of fairness in adjudging petitioner Guminick to be an "untrustworthy person" within the provisions of section 69-f of the Insurance Law and...

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