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IN THE MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. OLSEN

22 A.D.3d 673 (2005)

802 N.Y.S.2d 725

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. CHARLES OLSEN, Respondent. SUFFOLK COUNTY FLEET SERVICES, Proposed Additional Respondent, et al., Proposed Additional Respondents.

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

October 17, 2005.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs to the petitioner payable by Suffolk County Fleet Services, and the matter is remitted to the Supreme Court, Suffolk County, for a framed issue hearing in accordance herewith, and for a new determination of the petition thereafter.

As correctly conceded by the proposed additional respondent, Suffolk County Fleet Services (hereinafter Suffolk), a self-insured

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