Commissioners of State Insurance Fund v. Brooklyn Barber Equipment Co.

McCooe, J.P

(dissenting in part). The majority dismissed the appeals on procedural grounds which leaves standing the motion court’s denial of the motion and cross motion for summary judgment. This opinion reaches the same result on the merits.

This is an action seeking to recover unpaid premiums and interest on a workers’ compensation insurance policy issued by the State Insurance Fund (SIF) to the defendants. SIF is a state agency authorized to issue workers’ compensation policies and collect premiums. The policy was canceled for nonpayment of premiums.

*16Plaintiff moved for summary judgment and…