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MATTER OF STATE INS. FUND (STATE)

212 A.D.2d 98 (1995)

628 N.Y.S.2d 985

In the Matter of the Arbitration between The State Insurance Fund, Appellant, and State of New York, Respondent

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

June 9, 1995

Attorney(s) appearing for the Case

Raymond C. Green, Liverpool (Jean S. Kneiss of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Syracuse (John Volinski, Ed J. Thompson and Nancy A. Spiegel of counsel), for respondent.

PINE, J. P., LAWTON, WESLEY and BOEHM, JJ., concur.

CALLAHAN, J.

The State Insurance Fund (State Fund) requests this Court to reverse a Supreme Court order that dismissed its petition seeking, inter alia, to vacate an arbitrator's decision that the State of New York (State) is not subject to the mandatory arbitration provisions of Insurance Law § 5105.

On May 7, 1990, John Kowal, an employee of McNye Transportation (McNye), was unloading a...

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