MATTER OF KERNAN v. EMAMI

1225.1 TP 19-00870.

192 A.D.3d 1629 (2021)

144 N.Y.S.3d 267

2021 NY Slip Op 01682

In the Matter of James M. Kernan et al., Petitioners, v. Shirin Emami, as Acting Superintendent of New York State Department of Financial Services, et al., Respondents.

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

Decided March 19, 2021.


Attorney(s) appearing for the Case

FRANK POLICELLI , UTICA, FOR Petitioners.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( BRIAN D. GINSBERG , OF COUNSEL), FOR Respondents.

Present—Whalen, P.J., Smith, Troutman, Bannister and DeJoseph, JJ.


It is hereby ordered that the determination is unanimously confirmed without costs and the second amended petition is dismissed.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking review of a determination that denied the application of James M. Kernan (petitioner) for written consent to engage in the business of insurance pursuant to 18 USC § 1033(e)(2) and that found petitioner in violation of Insurance Law § 1506(c)(1)(A). Supreme...

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