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IN THE MATTER OF METLIFE AUTO & HOME v. SHOYFER

19 A.D.3d 696 (2005)

797 N.Y.S.2d 289

In the Matter of METLIFE AUTO & HOME, Respondent, v. AVRAHAM SHOYFER et al., Respondents, and ALLSTATE INSURANCE COMPANY, Appellant.

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

June 27, 2005.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a new determination of the proceeding following a new hearing.

The judicial hearing officer's implicit denial of the unopposed request by the appellant's attorney for an opportunity to produce certified mail receipts was improvident (see Matter of Ace Truck Rental Corp. v Hale Trailer & Truck Equip., 79 A.D.2d 635...

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