Opinion
No. 108904.
March 8, 1999
On order of the Court, leave to appeal having been granted and the appeal having been briefed and orally argued, the order of April 1, 1998 which granted leave to appeal is VACATED and leave to appeal is DENIED because the Court is no longer persuaded that the questions presented should be reviewed by this Court.
I do not agree that leave to appeal should be denied. I believe that the Court of Appeals incorrectly assumed that the statute was to be applied retroactively. It is wrong, in my view, because it ignores the "Assurance of Discontinuance" and because its analysis regarding "good cause" is circular and inconsistent with the purpose of the MFIL.
Kelly, J., joins in the statement by Cavanagh, J.