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IN RE MATTER OF APPLICATION OF NATIONWIDE MUT. INS. CO.

017267/09, Seq. Number-001

2009 NY Slip Op 32681 (U)

In the Matter of Application of NATIONWIDE MUTUAL INSURANCE COMPANY, Petitioner, For a Judgment Staying the Arbitration commenced by SHARON WORLEY Respondent. and ERIKA L. CRUZ, JOSE S. CRUZ, ALLSTATE INSURANCE COMPANY, BRIANNE M. MARTURELLA, GEICO INDEMNITY COMPANY, Proposed Additional Respondents.

Supreme Court, Nassau County

November 5, 2009

October 30, 2009

Motion Date: September 30, 2009

Attorney(s) appearing for the Case

Epstein, Frankini & Grammatico, Esqs., By: Lee-Ann R. Trupia, Esq., Woodbury, NY, Attorneys for Petitioner.

Kaston, Aberle Levine & Wiss, LLP, Mineola, NY, Attorneys for Respondent Sharon Worley.

Erika L. Cruz, Levittown, NY, Proposed Additional Respondent.

Jose S. Cruz, Levittown, NY, Proposed Additional Respondent.

Attn: Robert A. Dzimian, Claim: 01388113597, Pol No. 000903345157, Allstate Insurance Company, Proposed additional Respondent (Ins. Carrier Cruz), Buffalo MCO (2310).

Brianne M. Marturella, East Meadow, NY, Proposed Additional Respondent.

Attn: Joseph Leopold, Claim No. 0269008320101016, Pol No. 402599071, Woodbury, NY, American Arbitration Association, Garden City, NY, GEICO Indemnity Company, Proposed additional respondent (Ins. Carrier Marturella).

DANIEL R. PALMIERI, Judge.

The Court's decision dated October 20, 2009, is recalled and vacated because the affirmation in opposition by the respondent, although apparently timely filed, was never submitted to the Court when this motion was submitted for decision. This decision is substituted in lieu of the recalled vacated decision.

The petition to stay arbitration is denied — submit judgment. In the alternative, a temporary stay is granted for the...

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