New York Court of Appeals
In the Matter of Medical Society of the State of New York, Appellants v. Gregory Serio, as Superintendent of…
October 21, 2003100 N.Y.2d 854
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that the Superintendent of Insurance lawfully promulgated the revised Regulation 68, that the rulemaking complied substantially with the State Administrative Procedure Act, and that the regulations are consistent with the Insurance Law. The court rejected the petitioners' separation‑of‑powers, delegation, and statutory‑conflict challenges. The decision rests on the longstanding statutory grant of authority and deference to the Superintendent’s expertise.