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COLONIAL LIFE INS v. CURIALE

159 Misc.2d 221 (1993)

603 N.Y.S.2d 263

In the Matter of Colonial Life Insurance Company of America, Petitioner, v. Salvatore R. Curiale, as Superintendent of Insurance of the State of New York, Respondent. New York State Conference of Blue Cross and Blue Shield Plans, Intervenor-Respondent.

Supreme Court, Albany County.

July 30, 1993

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae, New York City (Jay G. Safer of counsel), for petitioner. Robert Abrams, Attorney-General, Albany (Deirdre Roney of counsel), for respondent. Hinman, Straub, Pigors & Manning, P. C., Albany (Bartley J. Costello, III, of counsel), for intervenor-respondent.

THOMAS W. KEEGAN, J.

This is a CPLR article 78 proceeding brought by Colonial Life Insurance Company of America (Colonial) challenging two regulations promulgated by the State Superintendent of Insurance pursuant to chapter 501 of the Laws of 1992. Petitioner challenges part of regulation 145 (11 NYCRR part 360) and all of regulation 146 (11 NYCRR part 361), arguing that both are beyond the scope of authority...

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