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IN THE MATTER OF GEICO INSURANCE COMPANY

55 A.D.3d 1445 (2008)

865 N.Y.S.2d 471

In the Matter of the Arbitration between GEICO INSURANCE COMPANY, Appellant, and SAMUEL BATTAGLIA, Respondent. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 10, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Petitioner commenced this proceeding pursuant to CPLR article 75 seeking, inter alia, a permanent stay of arbitration of a claim by respondent Samuel Battaglia for supplemental uninsured motorist (SUM) coverage. Battaglia was injured in January 2004 when the vehicle he was driving collided with a vehicle registered to James P. O'Donnell and operated by Jeffrey...

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