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STATE CONFERENCE v. COOPER

173 A.D.2d 60 (1991)

In the Matter of New York State Conference of Blue Cross and Blue Shield Plans, Appellant, v. Wendy E. Cooper, as Acting Superintendent of Insurance of The State of New York, Respondent

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

December 31, 1991

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C. (Bartley J. Costello III, Eileen M. Considine and Beverly Cohen of counsel), for appellant.

Robert Abrams, Attorney-General (Leslie B. Neustadt of counsel), for respondent.

MAHONEY, P. J., YESAWICH JR., MERCURE and HARVEY, JJ., concur.

MIKOLL, J.

The primary issue presented on this appeal is whether Supreme Court properly dismissed the petition (which alleged 10 causes of action challenging respondent's approval of a trust agreement providing for the distribution of excess trust fund moneys) as time barred pursuant to the four-month limitations period contained in CPLR 217. In our view Supreme Court...

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