NEW YORK STATE CHIROPRACTIC ASSN., INC. v. SUPERINTENDENT OF INS. OF THE STATE OF NEW YORK


170 A.D.2d 195 (1991)

New York State Chiropractic Assn., Inc., et al., Appellants, v. Superintendent of Insurance of the State of New York, Respondent

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

February 5, 1991


In March 1990, petitioners initiated this CPLR article 78 proceeding seeking an order declaring invalid regulation 62 (11 NYCRR 52.16 [c] [7]), which essentially allows chiropractic services to be excluded from insurance coverage under certain health insurance policies.

Upon respondent's motion, the IAS court dismissed all of petitioners' claims, except for the constitutional challenges, on the ground that they are barred by the four-month limitation period of CPLR...

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