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IN THE MATTER OF ALLSTATE INDEMNITY COMPANY v. MARTINEZ

4 A.D.3d 422 (2004)

771 N.Y.S.2d 378

In the Matter of ALLSTATE INDEMNITY COMPANY, Appellant, v. MIGUEL MARTINEZ et al., Respondents.

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

February 9, 2004.

Ordered that the order and judgment is affirmed, without costs or disbursements.

Under New York's commencement-by-filing system, in order to commence a special proceeding, the petition must be filed with the clerk of the court and the filing fee paid (see CPLR 304; Matter of Mendon Ponds Neighborhood Assn. v Dehm, 98 N.Y.2d 745 [2002]; Matter of Parkinson v Leahy, 277 A.D.2d 810<...

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