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MOYE v. THOMAS

153 A.D.2d 673 (1989)

Diane Moye, Respondent, v. Joyce J. Thomas, Respondent. (And a Third-Party Action.) Nationwide Insurance Company, Nonparty Appellant; Motor Vehicle Accident Indemnification Corporation, Nonparty Respondent

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

August 21, 1989

Ordered that the order is modified by deleting the second decretal paragraph thereof confirming the New York Arbitration Committee award and authorizing entry of a judgment thereon; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The court erred in sua sponte confirming the arbitrators' award as the statutory time limit for confirmation of such award had passed (CPLR 7510). Moreover, the sua sponte confirmation...

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