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MATTER OF OKSLEN ACUPUNCTURE P.C. v. DINALLO

3340, 3340A.

77 A.D.3d 451 (2010)

909 N.Y.S.2d 696

In the Matter of OKSLEN ACUPUNCTURE P.C. et al., Appellants, v. ERIC R. DINALLO, Superintendent of Insurance of the State of New York, et al., Respondents.

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

Decided October 12, 2010.

The petition was correctly dismissed as against respondent Superintendent on the ground that it seeks to compel discretionary acts (see Klostermann v Cuomo, 61 N.Y.2d 525, 539 [1984]; LMK Psychological Servs., P.C. v State Farm Mut. Auto. Ins. Co., 12 N.Y.3d 217, 223 [2009]; Sightseeing Tours of Am., Inc. v Air Pegasus Heliport, Inc...

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