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MTR OF ALLSTATE v. FOSCHIO

93 A.D.2d 328 (1983)

In the Matter of Allstate Insurance Company, Petitioner, v. Leslie G. Foschio, as Commissioner of The Department of Motor Vehicles of the State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 2, 1983

Attorney(s) appearing for the Case

Joseph F. Carlino, P. C. (Julian Jawitz and Daniel J. Lefkowitz of counsel), for petitioner.

Robert Abrams, Attorney-General (Ronald Glickman of counsel), for respondent.

O'CONNOR, J. P., BRACKEN and NIEHOFF, JJ., concur.

BROWN, J.

We consider here whether the practices employed by the petitioner insurance company in the settlement of an automobile collision claim violated the provisions of the Motor Vehicle Repair Shop Registration Act (Vehicle and Traffic Law, art 12-A, § 398 et seq.) and the regulations adopted thereunder.

The Motor Vehicle Repair Shop Registration Act was enacted in 1974 (L 1974, ch 946...

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