MATTER OF CADY (AETNA CAS. CO.)


61 N.Y.2d 594 (1984)

In the Matter of the Arbitration between Gerald A. Cady, Respondent, and Aetna Life & Casualty Company, Respondent; Albert B. Lewis, as Superintendent of the Insurance Department, et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided May 8, 1984.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter H. Schiff and Clifford A. Royael of counsel), for intervenors-appellants.

William S. Yaus for Aetna Life & Casualty Company, respondent.

Theodore J. Mlynarski, Jr., for Gerald A. Cady, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in Per Curiam opinion.


Per Curiam.

At issue on this appeal is the validity of a regulation of the New York State Insurance Department limiting to 51 days the time to commence a proceeding pursuant to CPLR article 75 challenging a master arbitrator's award under the No-Fault Insurance Law. The lower courts found the regulation invalid, as inconsistent with the 90-day limitations period provided by the Legislature in CPLR 7511 (subd [a]),...

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