New York State's highest court ruled unanimously yesterday that the entity which supervises New York insurance companies in liquidation is not a state agency subject to audit by the state comptroller.

The decision by the Court of Appeals settles a dispute between agencies over the status of the New York Liquidation Bureau that goes back to January 2004, when the comptroller sought to audit the financial management and operating practices of the Bureau and issued 10 subpoenas.

In seeking testimony and data, the comptroller listed the purposes of the audit as to determine whether Bureau was operating effectively and to “establish the accuracy and completeness of the abandoned property reports” the Bureau filed. Subpoenas asked for financial records of distressed insurers in liquidation and records from the Bureau's abandoned property account involving open and closed rehabilitated and liquidated estates.

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