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CHATLOS, M.D. v. MONY LIFE INSURANCE COMPANY

298 A.D.2d 316 (2002)

749 N.Y.S.2d 230

CALVIN CHATLOS, M.D., et al., Appellants, v. MONY LIFE INSURANCE COMPANY et al., Respondents.

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

Decided October 29, 2002.

Insofar as brought against the Superintendent of Insurance, plaintiffs' claim, although brought in the form of a declaratory judgment action, merely challenges the Superintendent's approval of the insurance company defendants' demutualization plan as violative of Insurance Law § 7312, and was thus properly dismissed as barred by the four-month statute of limitations applicable to CPLR article 78 proceedings (see Butler v Wing, 275 A.D.2d 273<...

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