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IN MATTER OF ALLSTATE INSURANCE COMPANY v. SUNG SUN

56 A.D.3d 551 (2008)

866 N.Y.S.2d 882

In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. SUNG SUN Ju et al., Respondents, et al., Proposed Additional Respondents.

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

November 12, 2008.

Ordered that order dated September 11, 2007, as amended April 4, 2008, is affirmed; and it is further,

Ordered that the appeal from the order dated April 4, 2008 is dismissed as academic; and it is further,

Ordered that one bill of costs is awarded to the respondents.

We decline the invitation of the petitioner Allstate Insurance Company "made for the first time on appeal, to reconsider our case law . . . and hold that the Superintendent of Insurance...

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