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MATTER OF NATIONWIDE INSURANCE COMPANY v. MISCIONE

267 A.D.2d 312 (1999)

699 N.Y.S.2d 892

In the Matter of NATIONWIDE INSURANCE COMPANY, Respondent, v. EUGENE MISCIONE, Appellant, et al., Respondent.

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

Decided December 13, 1999.

Ordered that the order is modified, on the law, by deleting the provision thereof permanently staying arbitration and substituting therefor a provision temporarily staying arbitration; as so modified the order is affirmed, with costs to the appellant, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

It is well settled that when the provisions of an insurance

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