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  5. 45 N.Y.2d 886 (1978)
 

RUBIN v. HARNETT

45 N.Y.2d 886 (1978)

Donald Rubin et al., Appellants, v. Thomas A. Harnett, as Superintendent of Insurance of the State of New York, et al., Respondents, and Health Insurance Plan of Greater New York, Inc., Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided October 24, 1978.

Attorney(s) appearing for the Case

Richard M. Asche and Martin I. Kaminsky for appellants.

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel I. Hirshowitz of counsel), for respondents.

Charles G. Moerdler, Vivienne W. Nearing, Burton N. Lipshie, Karen Wagner and William Kutner for intervenor-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the reasoning of the Appellate Division in its memorandum. In addition, we would note that the amendment to section 255 of the Insurance Law (L 1970, ch 572, now Insurance Law, § 255, subd 2-a, par [d]), following our decision in Matter of Procaccino v Stewart (25 N.Y.2d 301

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