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NY HEALTH PLAN ASSN. v. LEVIN

187 Misc.2d 527 (2001)

723 N.Y.S.2d 819

In the Matter of NEW YORK HEALTH PLAN ASSOCIATION, INC., et al., Petitioners, v. NEIL LEVIN, as Superintendent of Insurance of the State of New York, et al., Respondents, and HEALTHCARE ASSOCIATION OF NEW YORK STATE, INC., et al., Proposed Intervenors-Respondents.

Supreme Court, Albany County.

January 2, 2001.

Attorney(s) appearing for the Case

Couch White, L. L. P. (Harold N. Iselin, Tricia A. Asaro, Elizabeth Corliss Sacco and Sarah E. Shulman of counsel), for petitioners.

Eliot Spitzer, Attorney General (Eric D. Handelman of counsel), for respondents.

Wilson, Elser, Moskowitz, Edelman & Dicker (Philip Rosenberg, Darrell E. Jeffers and Susan R. Bentley of counsel), for proposed intervenors-respondents.

OPINION OF THE COURT

GEORGE L. COBB, J.

Petitioners have commenced a CPLR article 78 proceeding challenging a circular letter issued by the New York State Department of Insurance, seeking a judgment ordering respondents to rescind such Circular Letter No. 12 (2000), enjoining respondents from implementing or enforcing Circular Letter No. 12 or otherwise holding health maintenance organizations (hereinafter HMOs) and other health insurers responsible for...

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