MATTER OF MEDICAL SOCIETY OF THE STATE OF NEW YORK v. SERIO


298 A.D.2d 255 (2002)

749 N.Y.S.2d 227

In the Matter of MEDICAL SOCIETY OF THE STATE OF NEW YORK et al., Appellants, v. GREGORY SERIO, as Superintendent of Insurance of the State of New York, et al., Respondents.

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

Decided October 22, 2002.


Respondent Commissioner did not overstep his "`broad power to interpret, clarify, and implement the legislative policy'" (Ostrer v Schenck, 41 N.Y.2d 782, 785) by, among other things, to focus on the main point in contention, shortening the periods for filing a notice of claim from 90 days to 30 days, and proof of claim for medical treatment from 180 days to 45 days (11 NYCRR 65-3.3, 65-2.4 [b], [c]). Certainly the change is not...

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