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JOHN PATERNO, INC. v. CURIALE

88 N.Y.2d 328 (1996)

668 N.E.2d 395

645 N.Y.S.2d 424

In the Matter of John Paterno, Inc., by and through John V. Paterno, as Sublicensee, et al., Respondents-Appellants, v. Salvatore R. Curiale, as Superintendent of Insurance of the State of New York, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1996.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Vincent Leong, Victoria A. Graffeo, Barbara Gott Billett, Thomas D. Hughes and Michael S. Belohlavek of counsel), for appellant-respondent.

Abrams & Martin, P. C., New York City (Kevin J. Spencer and Alan Jay Martin of counsel), for respondents-appellants.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

This appeal centers on a determination by the Superintendent of Insurance of the State of New York that petitioners violated Insurance Department Regulation 121 (11 NYCRR part 73) by placing claims-made liquor liability policies in New York through an excess line broker. Petitioners commenced this CPLR article 78 proceeding challenging the Superintendent...

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