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ALCOTT STAFF v. COMPENSATION

224 A.D.2d 54 (1996)

648 N.Y.S.2d 792

In the Matter of Alcott Staff Leasing, Inc., et al., Appellants, v. New York Compensation Insurance Rating Board et al., Respondents

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

October 24, 1996

Attorney(s) appearing for the Case

Waite & Associates, P. C., Albany (Stephen J. Waite of counsel), for appellants.

Stroock, Stroock & Levan, New York City (Martin Minkowitz of counsel), for New York Compensation Insurance Rating Board, respondent.

Dennis C. Vacco, Attorney-General, Albany (Peter G. Crary of counsel), for Salvatore R. Curiale, respondent.

MERCURE, CASEY, SPAIN and CARPINELLO, JJ., concur.

CARDONA, P. J.

This appeal concerns a challenge to a rating rule and form filing application approval (hereinafter rate rule form) which was approved by respondent State Insurance Department (hereinafter the Department) and deals with workers' compensation insurance coverage for employee leasing firms. We initially note that an employee leasing arrangement is generally established when a small business (hereinafter...

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