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GOTBAUM v. LEWIS

110 A.D.2d 1 (1985)

Victor Gotbaum, as Trustee of The District Council 37 Benefits Fund Trust, et al., Respondents, and Edward Ostrowski, as Trustee and Chairman of The Board of Trustees of the Uniformed Sanitationmen's Association Retirees' Welfare Fund and Uniformed Sanitationmen's Association Compensation Accrual Fund, et al., Intervenors-Respondents-Appellants, v. Albert B. Lewis, as Superintendent of The Insurance Department of the State of New York, Appellant-Respondent

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

August 8, 1985

Attorney(s) appearing for the Case

Aven Rennie of counsel (Frederick Mehlman, Richard G. Liskov and O. Peter Sherwood with him on the brief; Robert Abrams, Attorney-General, attorney), for appellant-respondent.

Bertram Perkel of counsel (Michael B. Golden, Kenneth K. Fisher, Jeffrey Kreisberg, Edward Tessler and Stephen F. Gordon with him on the brief; Hartman & Craven and Mirkin & Gordon, P. C., attorneys), for respondents and intervenors-respondents-appellants.

MURPHY, P. J., SULLIVAN and MILONAS, JJ., concur with ELLERIN, J.; BLOOM, J., dissents in an opinion.

ELLERIN, J.

Plaintiffs-respondents, the trustees of various public employee union welfare funds, seek a declaratory judgment that defendant-appellant, Superintendent of the Insurance Department of the State of New York, has no regulatory jurisdiction under Insurance Law article III-A over their funds. Article III-A invests the Insurance Department with supervisory powers of registration and regulation of employee...

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