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PEOPLE v. FIRST AM. CORP.

1308, 406796/07

76 A.D.3d 68 (2010)

902 N.Y.S.2d 521

THE PEOPLE OF THE STATE OF NEW YORK, by Andrew Cuomo, Attorney General of the State of New York, Respondent, v. FIRST AMERICAN CORPORATION and FIRST AMERICAN EAPRAISEIT, LLC, Appellants.

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

Decided June 8, 2010.

Attorney(s) appearing for the Case

DLA Piper LLP (US), New York City ( Richard F. Hans , Patrick J. Smith , Kerry Ford Cunningham and Jeffrey D. Rotenberg of counsel), for appellants.

Andrew M. Cuomo , Attorney General, New York City ( Richard Dearing , Benjamin N. Gutman and Nicole Gueron of counsel), for respondent.

SAXE, CATTERSON and ACOSTA, JJ., concur.

OPINION OF THE COURT

GONZALEZ, P.J.

This appeal calls upon us to determine whether the regulations and guidelines implemented by the Office of Thrift Supervision (OTS) pursuant to the Home Owners' Loan Act of 1933 (HOLA) (codified as 12 USC § 1461 et seq.) and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) (Pub L 101-73, 103 US Stat 183 [amending HOLA and codified in scattered sections of 12 USC]) preempt state...

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