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POLAN v. STATE INS. DEPT.

3 A.D.3d 30 (2003)

768 N.Y.S.2d 441

In the Matter of CHARLENE POLAN, Appellant, v. STATE OF NEW YORK INSURANCE DEPARTMENT, Respondent.

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

December 2, 2003.

Attorney(s) appearing for the Case

Stein & Schonfeld (Robert L. Schonfeld of counsel), for appellant.

Eliot Spitzer, Attorney General (David Lawrence III and Michael S. Belohlavek of counsel), for respondent.

NARDELLI, J.P., and TOM, J., concur with ANDRIAS, J.; SULLIVAN and LERNER, JJ., dissent in a separate opinion by SULLIVAN, J.

OPINION OF THE COURT

ANDRIAS, J.

Petitioner, who has been unable to work since March 24, 1994 because of chronic depression suffered at a time she was insured under a group disability insurance policy issued to her employer, appeals from the dismissal of her CPLR article 78 proceeding brought to annul a determination of the Department of Insurance that Metropolitan Life Insurance Company (Metlife) did not discriminate against her by reason of mental disability...

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