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MATTER OF ALLSTATE INSURANCE COMPANY

288 A.D.2d 955 (2001)

732 N.Y.S.2d 612

In the Matter of the Arbitration between ALLSTATE INSURANCE COMPANY, Appellant, and RICHARD E. BROWN, JR., Respondent.

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

Decided November 9, 2001.

Order unanimously reversed on the law without costs and petition granted.

Memorandum:

Supreme Court erred in denying the petition seeking a permanent stay of arbitration of respondent's supplemental uninsured motorist claim. Respondent settled his personal injury action against the tortfeasor and tendered a general release without petitioner's consent, thereby violating the express terms of the policy (see, Matter of Allstate Ins. Co. [Liberati],

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