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MATTER OF PALMINTERI v. LEX FIRE PROTECTION CORPORATION

23 A.D.3d 745 (2005)

803 N.Y.S.2d 726

In the Matter of the Claim of PETER PALMINTERI, Respondent, v. LEX FIRE PROTECTION CORPORATION et al., Respondents, and PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

November 3, 2005.

Mercure, J.P.

The sole issue on this appeal is whether Public Service Mutual Insurance Company, the workers' compensation carrier for claimant's employer, validly canceled the employer's policy prior to claimant's injury. Contrary to the determination of the Workers' Compensation Board, we conclude that Public Service, as an insurer, was not required to comply with the procedures set forth in Banking Law § 576, which are applicable to premium finance agencies...

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