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DUFFY v. SCHENCK

73 Misc.2d 72 (1973)

James J. Duffy et al., as Trustees of the Local 138, 138A and 138B, International Union of Operating Engineers Industry Promotion Fund, Plaintiffs, v. Benjamin R. Schenck, as Superintendent of Insurance of the State of New York, Defendant.

Supreme Court, Special Term, Nassau County.

February 23, 1973

Attorney(s) appearing for the Case

Harry H. Kutner (Friedlander, Gaines, Ruttenberg & Goetz of counsel), for plaintiffs. Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald of counsel), for defendant.

JOSEPH LIFF, J.

In an application by an order to show cause plaintiffs seek to prevent the Superintendent of Insurance, pending the determination of this action for declaratory judgment, from proceeding on a citation issued pursuant to sections 22, 23 and 37-1 of the Insurance Law. The objective of the Superintendent's proceeding is to remove trustee/directors of the Industry Promotion Fund, International Union of Operating Engineers, Local 138, 138A...

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