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MATTER OF MILLER

1 A.D.3d 885 (2003)

767 N.Y.S.2d 729

In the Matter of the Arbitration between JOHN L. MILLER et al., Appellants, and LOUIS BERTI et al., Respondents.

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

November 21, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the petition seeking a permanent stay of arbitration (see CPLR 7503 [b]). Although Louis Berti (respondent) failed to disclose the arbitration claim when he filed for protection under chapter 13 of the Bankruptcy Code (11 USC), he subsequently amended his bankruptcy schedule of assets to include...

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