In re the Rehabilitation of Frontier Insurance

Appeal from an order of the Supreme Court (Platkin, J.), entered July 24, 2009 in Albany County, which, in a proceeding pursuant to Insurance Law article 74, granted respondent’s motion to confirm the referee’s report.

Petitioner entered into a contract with MC Construction, Inc. to perform electrical work on a construction project in Kentucky. Respondent issued a payment bond on the project to MC Management, Inc. Respondent later became insolvent and entered into rehabilitation pursuant to Insurance Law article 74, with the Superintendent of Insurance as rehabilitator. Petitioner filed a…