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HEALTHNOW N.Y. INC. v. NEW YORK STATE INS. DEPT.

516179.

110 A.D.3d 1216 (2013)

973 N.Y.S.2d 387

2013 NY Slip Op 6765

HEALTHNOW NEW YORK INC., Doing Business as BLUE CROSS BLUE SHIELD OF WESTERN NEW YORK and Another, Respondent, v. NEW YORK STATE INSURANCE DEPARTMENT et al., Appellants.

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

Decided October 17, 2013.

Egan Jr., J.

Appeal from an order of the Supreme Court (McNamara, J.), entered July 12, 2012 in Albany County, which, among other things, granted plaintiff's cross motion for summary judgment declaring certain portions of Insurance Law § 4308 (j) to be unconstitutional.

Plaintiff is a not-for-profit health insurer that offers various types of health insurance to its subscribers, including — insofar...

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