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BLUE CROSS v. McCALL

166 Misc.2d 168 (1995)

632 N.Y.S.2d 449

Blue Cross & Blue Shield of Central New York, Inc., et al., Plaintiffs, v. H. Carl McCall, as Comptroller of the State of New York, et al., Defendants.

Supreme Court, Albany County.

September 19, 1995

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C., Albany (Bartley J. Costello, III, of counsel), for plaintiffs. Dennis C. Vacco, Attorney-General, Albany (Edward M. Scher of counsel), for defendants.

JOSEPH C. TERESI, J.

Plaintiffs move this court for summary judgment declaring the provisions of the 1993-1994 and 1994-1995 State Operations Budget Bills which granted the Comptroller of the State of New York the authority to conduct audits of the plaintiffs pursuant to section 4308 of the Insurance Law to be unconstitutional. Defendants oppose this motion and seek an order sustaining the constitutionality...

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