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PRUDENTIAL INS. CO. v. WRYNN

Nos. 102267/2011, Sequence No. 001.

36 Misc.3d 427 (2012)

948 N.Y.S.2d 822

2012 NY Slip Op 22111

In the Matter of PRUDENTIAL INSURANCE CO. OF AMERICA, Petitioner, v. JAMES J. WRYNN, as Superintendent of Insurance, Respondent.

Supreme Court, New York County.

April 16, 2012.

Attorney(s) appearing for the Case

McDermott Will & Emery LLP, New York City ( Arthur R. Rosen and Robert J. McDermott of counsel), for petitioner. Eric T. Schneiderman , Attorney General, New York City ( Elizabeth A. Forman of counsel), for respondent.

OPINION OF THE COURT

PETER H. MOULTON, J.

Petitioner Prudential Insurance Company of America (Prudential) brings this proceeding to annul respondent's determination, dated November 18, 2010, denying it a refund and credit for retaliatory taxes. Petitioner maintains that the determination was affected by error of law, is arbitrary and capricious, and is an abuse of discretion. Respondent opposes the petition.

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