Opinion
Argued October 15, 1984
Decided November 15, 1984
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Edward J. Greenfield, J.
Robert Abrams, Attorney-General ( Robert S. Hammer, Peter H. Schiff, Frederick K. Mehlman and Richard G. Liskov of counsel), for appellants.
Alexander C. Cordes, William J. O'Connor, Jr., Philip S. Toohey and Robert E. Glanville for Raymond A. Mazgulski and others, respondents.
Jeffrey G. Stark for Consumer Credit Insurance Association, respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
Petitioners instituted these two proceedings, consolidated for appeal by the Appellate Division, to challenge certain regulations of respondent Superintendent of Insurance. On this appeal the only issue submitted is whether respondent lawfully exercised his rule-making powers in promulgating 11 N.Y.CRR 185.10 (d) (1-3) which provides for the allocation of dividends earned on credit life insurance policies. The regulation should be annulled for the reasons stated in the memorandum decision of Justice Edward J. Greenfield in Matter of Mazgulski v Lewis ( 118 Misc.2d 600).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur; Judge MEYER taking no part.
Order affirmed, with costs, in a memorandum.