BLUE CROSS v. McCALL


218 A.D.2d 140 (1996)

638 N.Y.S.2d 496

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

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

February 29, 1996


Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, Albany (Bartley J. Costello, III, of counsel), for appellants-respondents.

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

CARDONA, P. J., MERCURE, CREW III and WHITE, JJ., concur.


CASEY, J.

The dispositive issue on this appeal is whether the Legislature has the authority to assign to defendant Comptroller the power to conduct audits of plaintiffs, which are private health insurers subject to substantial State regulation to protect the public health and welfare. Plaintiffs contend that audits of private corporations fall outside the scope of the Comptroller's constitutional role as the...

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