Leo H. Heithaus et al., Petitioners,
v.
Albert B. Lewis, as Superintendent of Insurance of The State of New York, Respondent
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
May 10, 1982
May 10, 1982
Attorney(s) appearing for the Case
Cohen, Weiss & Simon (Stanley M. Berman and Jani K. Rachelson of counsel), for Leo H. Heithaus and others, petitioners and Botein, Hayes, Sklar & Herzberg (Stanley M. Kolber and Daniel A. Ross of counsel), for Herbert E. Whitehead and another, petitioners (one brief filed).
Robert Abrams, Attorney-General (August L. Fietkau of counsel), for respondent.
THOMPSON, BROWN and NIEHOFF, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Second Department.
MANGANO, J. P.
In this proceeding, we are asked to consider, inter alia, whether respondent, the New York State Superintendent of Insurance, acted in excess of his jurisdiction in directing petitioners to afford pension credits to certain individuals, in a fashion contrary to the duly adopted provisions of the pension plan which they administer in their fiduciary capacities. We find that the actions of...
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