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MATTER OF GREENSEID v. STEWART

30 N.Y.2d 730 (1972)

In the Matter of Harry Greenseid et al., Individually and as Trustees of Local No. 11 Welfare Trust Fund, Appellants-Respondents, v. Richard E. Stewart, as Superintendent of Insurance of the State of New York, Respondent-Appellant. In the Matter of Austin B. Cox, Individually and as a Former Trustee of Local No. 11 Welfare Trust Fund, Appellant-Respondent, v. Richard E. Stewart, as Superintendent of Insurance of the State of New York, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided April 27, 1972.

Attorney(s) appearing for the Case

Robert Roy Dann, Alfred J. Bohlinger and Victor M. Rosenzweig for Harry Greenseid and others, appellants-respondents.

Murray Gartner for Austin B. Cox, appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Philip Weinberg and Samuel A. Hirshowitz of counsel), for respondent-appellant.

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

In each proceeding: Order modified by reinstating that part of the hearing officer's basic findings, conclusions and decision, relating to the proper calculation of the amount of the depletion, which were struck by the Appellate Division, and, as so modified, affirmed, without costs. Taking the record as a whole, we find substantial competent evidence to support the entire determination made by the Superintendent and conclude that the trustees have failed to demonstrate that...

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