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  5. 138 A.D.2d 177 (1988)
 

MED. MALPRACTICE v. CUOMO

138 A.D.2d 177 (1988)

Medical Malpractice Insurance Association, Respondent, v. Mario Cuomo, as Governor of The State of New York, et al., Appellants

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

June 30, 1988

Attorney(s) appearing for the Case

T. Richard Kennedy of counsel (John M. Nonna and David N. Bodek with him on the brief; Werner, Kennedy & French, attorneys), for respondent.

Kathie Ann Whipple of counsel (Jane Breslin Jacobs, Ann Horowitz and Richard G. Liskov with her on the brief; Robert Abrams, Attorney-General, attorney), for appellants.

CARRO and SMITH, JJ., concur with SULLIVAN, J. P.; ASCH and MILONAS, JJ., dissent in an opinion by ASCH, J.

SULLIVAN, J. P.

At issue in this action challenging their constitutionality is the propriety of preliminarily enjoining the implementation and enforcement of certain provisions of Laws of 1986 (ch 266, § 11), the Medical Malpractice Reform Act of 1986, requiring Medical Malpractice Insurance Association (MMIA) to refund stabilization reserve fund charges which it had collected on excess policies and applied...

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