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MATTER OF PETTUS v. NEW YORK STATE INSURANCE DEPARTMENT

513424.

93 A.D.3d 1067 (2012)

941 N.Y.S.2d 299

2012 NY Slip Op 2152

In the Matter of CHARLES PETTUS, Individually and on Behalf of NEW IMAGE ROLLER DROME, INC., Appellant, v. NEW YORK STATE INSURANCE DEPARTMENT, Respondent.

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

Decided March 22, 2012.

KAVANAGH, J.

In April 2010, petitioner brought this CPLR article 78 proceeding seeking to compel respondent to investigate his complaint that his insurance carrier had allegedly violated certain of respondent's regulations by, among other things, requiring petitioner to sign a release in connection with the settlement of an insurance claim. Supreme Court properly dismissed the petition on the basis that it was time-barred because it was commenced beyond the applicable...

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