Willcox v. Stern

Respondents seek to reargue a motion to dismiss the petition, heretofore denied, on the ground that the court’s prior decision overlooked a controlling principle of law. Further, it is sought to renew the earlier motion as based upon a claimed incomplete statement of facts, the complete. statement being supplied on this application. The motion is granted in both respects, the prior decision of August' 7, 1964, recalled, and the matter considered de novo.

This article 78 proceeding brings up for review the action of the Superintendent of Insurance (“ Superintendent ”) in approving a merger of…