MATTER OF FEINSTEIN (ATTORNEY-GEN.)


36 N.Y.2d 199 (1975)

In the Matter of Barry Feinstein et al., as Trustees of City Employees Union, Local 237, International Brotherhood of Teamsters, Welfare Fund, Appellants. Attorney-General of the State of New York, Respondent. In the Matter of New York County Lawyers Association, Appellant. Appellate Division of the Supreme Court, First Department, Respondent.

Court of Appeals of the State of New York.

Decided March 20, 1975.


Attorney(s) appearing for the Case

Harold Baer, Jr., Marvin E. Pollock and Howard B. Weinreich for appellants in the first above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen and Samuel A. Hirshowitz of counsel), respondent pro se in the first above-entitled proceeding.

Julius Topol, Gerald Mann and Janet R. Tracy for District Council 37, AFSCME, AFL-CIO, amicus curiae in the first above-entitled proceeding.

Copal Mintz for appellant in the second above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen and Samuel A Hirshowitz of counsel), for respondent in the second above-entitled proceeding.

Edwin L. Gasperini, Gail Koff, Henry Friedman and Richard A. Levy for the New York State Bar Association and another, amici curiae in each of the above-entitled proceedings.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

These appeals, jointly argued, present the issue whether the Appellate Division properly withheld its approval, under subdivision 5 of section 495 of the Judiciary Law, of two proposed plans for prepaid legal services. The Appellate Division grounded its action on the lack of statutory authority, personnel, and resources to approve or oversee plans it described as in the nature of insurance...

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