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  5. 196 A.D.2d 384 (1994)
 

PREFERRED MUT. INS. v. STATE

196 A.D.2d 384 (1994)

Preferred Mutual Insurance Company, Respondent, v. State of New York, Appellant

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

April 7, 1994

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (John McConnell and Nancy A. Speigel of counsel), for appellant.

Bower & Gardner, New York City (Gerry E. Feinberg and Jonathan Gardner of counsel), for respondent.

CARDONA, P. J., WHITE, CASEY and WEISS, JJ., concur.

MERCURE, J.

The sole issue presented on this appeal is whether an "advance premium cooperative insurer", organized under New York law and writing workers' compensation insurance, is obligated to make payments to the Workers' Compensation Security Fund (hereinafter the Fund) pursuant to Workers' Compensation Law § 108 (2). The Court of Claims decided the question in the negative and accordingly granted summary...

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