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MTR. OF KNICKERBOCKER INS. (GILBERT)

35 A.D.2d 21 (1970)

In the Matter of the Arbitration between Knickerbocker Insurance Company, Appellant, and Thelma Gilbert, Respondent

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

July 7, 1970.

Attorney(s) appearing for the Case

Arnold Davis of counsel (Guminick & Lieber, attorneys), for appellant.

Philip Myer for respondent.

STEVENS, P. J., and CAPOZZOLI J., concur with NUNEZ, J.; EAGER, J., dissents in opinion in which BASTOW, J., concurs.

NUNEZ, J.

This appeal raises the question of the timely service of appellant's application for a stay of arbitration.

It is undisputed that a notice of intention to arbitrate, conforming to the provisions of CPLR 7503 (subd. [c]), was served on petitioner on December 1, 1969. The petition to stay arbitration was sent by certified mail on December 11, 1969 and was received by respondent's attorney on December 12, 1969.

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