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BLUE CROSS v. McCALL

89 N.Y.2d 160 (1996)

674 N.E.2d 1124

652 N.Y.S.2d 218

Blue Cross and Blue Shield of Central New York, Inc., et al., Respondents, v. H. Carl McCall, as Comptroller of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 19, 1996.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Michael S. Buskus, Peter H. Schiff and Barbara G. Billet of counsel), for appellants.

Hinman, Straub, Pigors & Manning, P. C., Albany (Bartley J. Costello, III, Eileen M. Considine and Cheryl Potvin Hogan of counsel), for respondents.

S. Stephen Rosenfeld and Amy D. Porter, of the Massachusetts Bar, admitted pro hac vice, for National Coalition for Patient Rights, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

The primary issue before this Court is whether the Legislature has the constitutional authority to assign to the Comptroller the power to conduct audits of private health insurance corporations which are subject to substantial State regulation. We hold that the plain language of the New York State Constitution prohibits the Legislature from doing so. Despite the broad authority given to the Legislature...

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