Serio v. Hevesi

Malone, J. (dissenting).

I would affirm the quashing by

Supreme Court of the Comptroller’s subpoenas.

The courts have long held that the role of the Superintendent of Insurance as liquidator must be distinguished from his role as the state officer in charge of regulating the insurance industry (see e.g. Corcoran v Hall & Co., 149 AD2d 165, 173 [1989]; Corcoran v National Union Fire Ins. Co. of Pittsburgh, 143 AD2d 309, 310-311 [1988]; Matter of Ideal Mut. Ins. Co., 140 AD2d 62, 67-68 [1988]; Matter of Kinney, 257 App Div 496, 501 [1939], affd 281 NY 840 [1939]). Specifically, cases have held…