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MATTER OF DINALLO v. DiNAPOLI

9 N.Y.3d 94 (2007)

877 N.E.2d 643

846 N.Y.S.2d 593

In the Matter of ERIC R. DINALLO, as Superintendent of the New York State Insurance Department Liquidation Bureau, et al., Appellants, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 11, 2007.

Attorney(s) appearing for the Case

Davis Polk & Wardwell, New York City (Guy Miller Struve, Kevin C. Wallace, Joshua D. Liston and Shannon K. Manigault of counsel), and Andrew J. Lorin, General Counsel, New York Liquidation Bureau, for appellants.

Cleary Gottlieb Steen & Hamilton LLP, New York City (Evan A. Davis and Michael J. Byars of counsel), and Luke Bierman, Albany, Helen M. Fanshawe, Albert Wm. Brooks, John K. Dalton and Michael E. Kupferman for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

The central issue on this appeal is whether the New York State Comptroller has the constitutional and/or statutory authority to audit the New York State Insurance Department Liquidation Bureau. We hold that the Comptroller does not possess such authority.

I.

The Superintendent of Insurance serves in two distinct capacities: (1) as supervisor and regulator of...

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