2012 New York Consolidated Laws
FIS - Financial Services Law
Article 3 - (301 - 310) ADMINISTRATIVE AND PROCEDURAL PROVISIONS
308 - Judicial review of orders, regulations and decisions of superintendent.

 
    §  308.  Judicial  review  of  orders,  regulations  and  decisions of
  superintendent. (a) Notwithstanding the  specific  enumerations  of  the
  right  to  judicial  review  in  this  chapter, the insurance law or the
  banking law, any order, regulation or decision of the superintendent  is
  declared  to be subject to judicial review in a proceeding under article
  seventy-eight of the civil practice law and rules, provided that nothing
  in this section or article seventy-eight of the civil practice  law  and
  rules  shall  affect  the time period provided in the banking law or the
  insurance law for commencing such proceeding.
    (b) Except as provided in section two thousand one hundred twenty-four
  of the insurance law, the commencement  of  such  proceeding  shall  not
  affect  the  enforcement  or  validity  of  the  superintendent's order,
  regulation or decision under review unless the  court  shall  determine,
  after  a  preliminary hearing of which the superintendent is notified at
  least forty-eight hours in advance, that a stay of  enforcement  pending
  the  proceeding  or until further direction of the court will not unduly
  injure the interests of the people of the state, in which case a stay of
  execution may be granted.