§ 308. Judicial review of orders, regulations and decisions of\nsuperintendent. (a) Notwithstanding the specific enumerations of the\nright to judicial review in this chapter, the insurance law or the\nbanking law, any order, regulation or decision of the superintendent is\ndeclared to be subject to judicial review in a proceeding under article\nseventy-eight of the civil practice law and rules, provided that nothing\nin this section or article seventy-eight of the civil practice law and\nrules shall affect the time period provided in the banking law or the\ninsurance law for commencing such proceeding.\n (b) Except as provided in section two thousand one hundred twenty-four\nof the insurance law, the commencement of such proceeding shall not\naffect the enforcement or validity of the superintendent's order,\nregulation or decision under review unless the court shall determine,\nafter a preliminary hearing of which the superintendent is notified at\nleast forty-eight hours in advance, that a stay of enforcement pending\nthe proceeding or until further direction of the court will not unduly\ninjure the interests of the people of the state, in which case a stay of\nexecution may be granted.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.