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MATTER OF LEVY

63 A.D.2d 982 (1978)

In the Matter of the Arbitration between Jordan Levy, Respondent, and Allstate Insurance Company, Appellant

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

June 12, 1978

Judgment reversed, on the law, with $50 costs and disbursements, application to vacate the award denied and cross motion to confirm the award granted.

We need not consider the question of alleged misconduct on the part of the arbitrator, since the petitioner's motion to vacate the arbitrator's award was not timely. CPLR 7511 (subd [a]) requires that a party seeking to vacate an arbitrator's award move to do so within 90 days of the delivery of the award

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