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MATTER OF ATLANTIC MUTUAL INSURANCE COMPANY v. MATERA

304 A.D.2d 572 (2003)

756 N.Y.S.2d 889

In the Matter of ATLANTIC MUTUAL INSURANCE COMPANY, Appellant, v. FRANCES MATERA et al., Respondents.

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

Decided April 7, 2003.

Ordered that the appeal from the order dated February 14, 2002, is dismissed, as that order was superseded by the order dated May 2, 2002, made upon reargument; and it is further,

Ordered that the order dated May 2, 2002, is reversed insofar as appealed from, on the law, with costs to the appellant, and upon reargument, so much of the order dated February 14, 2002, as dismissed the petition is vacated, and the matter is remitted to the Supreme Court, Kings County...

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