MATTER OF STATE FARM INSURANCE COMPANY v. EAGLE INSURANCE COMPANY


266 A.D.2d 397 (1999)

698 N.Y.S.2d 323

In the Matter of STATE FARM INSURANCE COMPANY, Respondent, v. EAGLE INSURANCE COMPANY, Appellant, et al., Respondents.

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

Decided November 15, 1999.


Ordered that the appeal is dismissed, with costs.

The record on appeal contains no proof that the appellant, Eagle Insurance Company (hereinafter Eagle), submitted any papers in opposition to the petition for a stay. The record is likewise devoid of proof that any evidentiary hearing was held, and, in its respondent's brief, State Farm Insurance Company advises that a hearing which had been scheduled was in fact canceled after a representative of nonparty Allstate...

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