Greenseid v. Stewart

New York Court of Appeals
Greenseid v. Stewart, 30 N.Y.2d 730 (N.Y. 1972)
284 N.E.2d 152; 333 N.Y.S.2d 166; 1972 N.Y. LEXIS 1338; 80 L.R.R.M. (BNA) 3081

Greenseid v. Stewart

Concurring Opinion

Concur: Chief Judge Fuud and Judges Burke, Scileppi, Bergan, Brbiiel, Jasen and Gibson.

Opinion of the Court

In each proceeding: Order modified by reinstating that part of the hearing officer’s basic findings, conclusions and decision, relating to the proper calculation of the amount of the depletion, which were struck by the Appellate Division, and, as so modified, affirmed, without costs. Taking the record as a whole, we find substantial competent evidence to support the entire determination made by the Superintendent and conclude that the trustees have failed to demonstrate that the administrative proceedings were tainted by any irregularities or a denial of procedural due process.

Reference

Full Case Name
In the Matter of Harry Greenseid, Individually and as Trustees of Local No. 11 Welfare Trust Fund, Appellants-Respondents v. Richard E. Stewart, as Superintendent of Insurance of the State of New York, Respondent-Appellant In the Matter of Austin B. Cox, Individually and as a Former Trustee of Local No. 11 Welfare Trust Fund, Appellant-Respondent v. Richard E. Stewart, as Superintendent of Insurance of the State of New York
Cited By
2 cases
Status
Published