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563 GRAND MEDICAL, P.C. v. NEW YORK STATE INSURANCE DEPARTMENT

24 A.D.3d 413 (2005)

805 N.Y.S.2d 643

563 GRAND MEDICAL, P.C., et al., Appellants, v. NEW YORK STATE INSURANCE DEPARTMENT et al., Respondents.

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

December 5, 2005.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that 11 NYCRR 65-4.5 (o) (1) does not violate procedural due process.

The plaintiffs contend that 11 NYCRR 65-4.5 (o) (1) violates the Due Process Clause of the United States and New York State Constitutions because the regulation, when used in conjunction with 11 NYCRR 65-4.2 (b) (3) (i), allows an arbitrator in a proceeding...

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