K.I. ex rel. Azam v. Vullo

OPINION OF THE COURT

Marsha L. Steinhardt, J.

K.I., by her parents and natural guardians, petitions this court pursuant to article 78 of the CPLR for an order declaring the determination of AliCare, the third-party administrator of the Medical Indemnity Fund, arbitrary, capricious, invalid and unenforceable, and directing and compelling respondents to accept the infant petitioner for enrollment to the Fund. Respondent, Superintendent of the New York State Department of Financial Services (DFS), cross-moves to dismiss the article 78 petition pursuant to CPLR 7804 and 3211 (a) (7). Thereafter,…