2019 New York Laws
FIS - Financial Services Law
Article 3 - Administrative and Procedural Provisions
308 - Judicial Review of Orders, Regulations and Decisions of Superintendent.

Universal Citation: NY Fin Serv L § 308 (2019)
§  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.

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