Legal Opinion

Nichols v. New York State Department of Financial Services

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

Decided March 16, 2017Published

1Opinion of the CourtEgan Jr., J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent finding, among other things, that petitioner had engaged in untrustworthy conduct, and imposed a fine.

At all times relevant, petitioner was licensed in this state as an insurance agent/broker. In 1999, petitioner was contacted by Mutual Benefits Corporation (hereinafter MBC), a Florida-based company, about the possibility of becoming a sales agent for its products. Thereafter, between 2001 and 2004, petitioner sold viatical…

2Cases cited11 opinions

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. ABN AMRO Bank, N.V. v. MBIA Inc.New York Court of Appeals · 2011
  3. Auqui v. Seven Thirty One Ltd. PartnershipNew York Court of Appeals · 2013
  4. DeAngelis v. Timberpeg East, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Sullivan Financial Group, Inc. v. WrynnAppellate Division of the Supreme Court of the State of New York · 2012

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