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CONTINENTAL INS. v. NY STATE

99 N.Y.2d 196 (2002)

782 N.E.2d 1145

753 N.Y.S.2d 9

CONTINENTAL INSURANCE COMPANY, Appellant, v. STATE OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 2002.

Attorney(s) appearing for the Case

Ford Marrin Esposito Witmeyer & Gleser, LLP, New York City (Stuart C. Levene, Thomas R. Esposito and Morgan J. Bassett of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Michael S. Buskus, Caitlin J. Halligan and Daniel Smirlock of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur; Judge WESLEY taking no part.

OPINION OF THE COURT

LEVINE, J.

Under Workers' Compensation Law § 54 (6), one or two executive officers who own all of the issued and outstanding stock of a corporation and hold all of the executive offices "shall be deemed to be included in the compensation insurance contract * * * unless the officer or officers elect to be excluded from the coverage of this chapter." The issue presented here is whether...

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