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MATTER OF EVEREADY INSURANCE COMPANY v. JEAN

294 A.D.2d 499 (2002)

742 N.Y.S.2d 857

In the Matter of EVEREADY INSURANCE COMPANY, Appellant, v. JAMES JEAN et al., Respondents.

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

Decided May 20, 2002.

Ordered that the order is affirmed, with costs.

Contrary to the petitioner's contention, its petition for a stay of arbitration was properly denied as untimely (see CPLR 7503 [c]; Matter of Steck [State Farm Ins. Co.], 89 N.Y.2d 1082, 1084; Matter of Allstate Ins. Co. v Taylor, 271 A.D.2d 443; Matter of DelGaudio v Aetna Ins. Co., 262 A.D.2d 641

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