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VELLIOS v. SERIO

1 Misc.3d 487 (2003)

764 N.Y.S.2d 568

In the Matter of LOULA VELLIOS, Petitioner, v. GREGORY SERIO, as Superintendent of Insurance of the State of New York, et al., Respondents.

Supreme Court, New York County.

August 8, 2003.

Attorney(s) appearing for the Case

Epstein Becker & Green, P.C. (Aime Dempsey of counsel), for IPRO, respondent.

Eliot Spitzer, Attorney General (John Knudsen of counsel), and Audrey Samers (Jon G. Rothblatt of counsel), for Gregory Serio, respondent.

David Trueman for petitioner.

OPINION OF THE COURT

MICHAEL V. AJELLO, J.

In this CPLR article 78 proceeding, respondent IPRO moves to dismiss the petition upon the ground that this is not a proper article 78 proceeding and even if it were, petitioner cannot meet the "arbitrary and capricious" standard. The argument is made that article 78 is designed to be used for seeking mandamus against instrumentalities of the state or state officials...

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