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IN THE MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

6 A.D.3d 1183 (2004)

776 N.Y.S.2d 425

In the Matter of the Arbitration between NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant, and MICHELLE VALOIS, Respondent.

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

April 30, 2004.

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

Memorandum:

Respondent sustained injuries in a single-car accident at 2:51 A.M. on March 31, 2000. A blood test at the hospital at 4:20 A.M. indicated that respondent had a blood alcohol content of .10%. Respondent was charged with driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) and subsequently pleaded guilty to driving while...

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