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FIRST UNITED INS. v. CURIALE

200 A.D.2d 243 (1994)

First United American Life Insurance Company, Appellant, v. Salvatore R. Curiale, as Superintendent of Insurance of The State of New York, et al., Respondents

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

June 16, 1994

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene & MacRae, New York City (Jay G. Safer, Stephen H. Orel and Ellen M. Dunn of counsel), for appellant.

G. Oliver Koppell, Attorney-General, Albany (Deirdre Roney and Peter H. Schiff of counsel), for Salvatore R. Curiale, respondent.

Hinman, Straub, Pigors & Manning, P. C., Albany (Eileen M. Considine and Rosemary Weaver McKenna of counsel), for New York State Conference of Blue Cross and Blue Shield Plans, intervenor-respondent.

MIKOLL, J. P., CREW III, YESAWICH JR. and PETERS, JJ., concur.

MERCURE, J.

By this action for a declaratory judgment (originally brought as a CPLR article 78 proceeding), plaintiff, a commercial insurance carrier issuing Medicare supplemental insurance policies in New York, seeks to invalidate two regulations, 11 NYCRR 360.4 (e) and 360.11 (a) (1) (iii) (hereinafter the Regulations), promulgated by defendant Superintendent of Insurance to implement the Open Enrollment and...

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