Legal Opinion
Dinallo v. DiNapoli
New York Court of Appeals
Decided October 11, 2007PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
The central issue on this appeal is whether the New York State Comptroller has the constitutional and/or statutory authority to audit the New York State Insurance Department Liquidation Bureau. We hold that the Comptroller does not possess such authority.
I
The Superintendent of Insurance serves in two distinct capacities: (1) as supervisor and regulator of New York State’s insurance industry as a whole (see Insurance Law §§ 201, 301); and (2) as a court-appointed receiver on behalf of distressed insurers (see Insurance Law §§ 7402, 7404). As to the latter role,…
2Cases cited14 opinions
- Marine Midland Bank-New York v. Graybar Electric Co.New York Court of Appeals · 1977
- Bohlinger v. ZangerNew York Court of Appeals · 1954
- In Re the Arbitration Between Knickerbocker Agency, Inc. & HolzNew York Court of Appeals · 1958
- Helvering v. TherrellSupreme Court of the United States · 1938
- Corcoran v. BeckerAppellate Division of the Supreme Court of the State of New York · 1988
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Di Loreto v. CostiganDistrict Court, E.D. Pennsylvania · 2009
- In re the Liquidation of Midland InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- Handler v. DiNapoliNew York Court of Appeals · 2014
- Claim of Turdo v. Dellicato VineyardsAppellate Division of the Supreme Court of the State of New York · 2010
- New York Charter Schools Ass'n v. DiNapoliNew York Supreme Court · 2008
10 more not listed; retrieve them via the Exa API.