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CASTAGNA v. CAPOTORTO

2019-04656. Index No. 516767/18.

202 A.D.3d 748 (2022)

2022 NY Slip Op 00844

Mark Castagna et al., Appellants, v. John V. Capotorto, et al., Respondents.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Brown Rudnick LLP, New York, NY ( Richard L. Stone and Sigmund S. Wissner-Gross of counsel), for appellants.

Wollmuth Maher & Deutsch LLP, New York, NY ( William A. Maher , Michael C. Ledley , and Robert C. Penn, Jr. , of counsel), for respondents.

Barros, J.P., Chambers, Zayas and Genovesi, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiffs are representatives of the approximately 18,000 policyholders of Medical Liability Mutual Insurance Company (hereinafter MLMIC), and the defendants are members of MLMIC's Board of Directors.

On September 6, 2018, after a public hearing, the New York State Superintendent of Financial Services (hereinafter the Superintendent) approved MLMIC's Plan of Conversion seeking

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