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MATTER OF NATIONWIDE MUT. INS. (MILLER)

124 Misc.2d 561 (1984)

In the Matter of the Arbitration between Nationwide Mutual Insurance Company, Petitioner, and Raymond G. Miller et al., Respondents.

Supreme Court, Special Term, Schenectady County.

June 18, 1984

Attorney(s) appearing for the Case

Friedman, Maksail, Hirschen & Miller for petitioner. Parisi, De Lorenzo, Gordon, Pasquariello & Weiskopf, P. C., for respondents.

THOMAS E. MERCURE, J.

Petitioner moves to vacate an arbitrator's award pursuant to CPLR 7511 (subd [b], par 1, cl [iii]) on the grounds that the arbitrator exceeded his power and for a further order pursuant to CPLR 7511 (subd [d]) for a rehearing and determination before a new arbitrator.

The respondents cross-move for an order pursuant to CPLR 7510 and 7511 (subd [e]) confirming the award of the arbitrator.

Respondents, husband and wife...

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