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  5. 223 A.D.2d 488 (1996)
 

MATTER OF TRANSIT CAS. CO.

223 A.D.2d 488 (1996)

636 N.Y.S.2d 791

In the Matter of the Liquidation of Transit Casualty Company. Superintendent of Insurance of the State of New York, as Ancillary Receiver, Respondent, v. Alan Digirol, Appellant

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

January 25, 1996

Claimant failed to articulate his present claim that the Superintendent's determination constituted an unconstitutional taking of property, and the issue is therefore improperly raised on appeal (see, Melahn v Hearn, 60 N.Y.2d 944, 945). Were we to reach the argument, we would find claimant's contention to be without merit. There is no constitutional right to interest payments. That right is purely statutory and in derogation...

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