Legal Opinion

Heithaus v. Lewis

Appellate Division of the Supreme Court of the State of New York

Decided May 10, 1982PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Mangano, J. P.

In this proceeding, we are asked to consider, inter alia, *324whether respondent, the New York State Superintendent of Insurance, acted in excess of his jurisdiction in directing petitioners to afford pension credits to certain individuals, in a fashion contrary to the duly adopted provisions of the pension plan which they administer in their" fiduciary capacities. We find that the actions of the respondent were in excess of his jurisdiction.

Petitioners, as current or former trustees of the Industry and Local 338 Pension Fund (the Fund), commenced this proceeding…

2Cases cited6 opinions

  1. Azzaro v. HarnettDistrict Court, S.D. New York · 1976
  2. Cawley v. NMU Pension and Welfare PlanDistrict Court, S.D. New York · 1978
  3. McKay v. StewartNew York Court of Appeals · 1971
  4. Greenseid v. StewartNew York Court of Appeals · 1972
  5. Coluccio v. SchenckAppellate Division of the Supreme Court of the State of New York · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Clark v. Industry & Local 338 Pension & Welfare FundDistrict Court, S.D. New York · 1984

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