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U.S. HEALTHCARE v. CURIALE

162 Misc.2d 833 (1994)

615 N.Y.S.2d 239

In the Matter of U.S. Healthcare, Inc., Petitioner, v. Salvatore R. Curiale, as Superintendent of Insurance of the New York State Insurance Department, Respondent.

Supreme Court, New York County.

April 26, 1994

Attorney(s) appearing for the Case

Epstein Becker & Green, New York City (Kenneth J. Kelly of counsel), and David F. Simon for petitioner. Robert Abrams, Attorney-General, New York City (Mark G. Peters of counsel), for respondent.

CAROL H. ARBER, J.

Petitioner U.S. Healthcare, Inc. (USH) commenced this proceeding pursuant to CPLR article 78 for an order annulling the opinion and decision dated September 30, 1993 issued by the Superintendent of Insurance (Superintendent) on the ground that the decision exceeded the Superintendent's statutory authority and was arbitrary and capricious. The Superintendent argues that the petition for review...

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