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MATTER OF NEW YORK CENTRAL MUTUAL FIRE INS. CO. v. DUKES

14 A.D.3d 704 (2005)

789 N.Y.S.2d 267

In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant, v. ALFRED L. DUKES, Respondent.

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

January 31, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the petitioner's contention, the determination of the Judicial Hearing Officer (hereinafter the JHO) that it failed to prove the vehicle owned by its insured was stolen or being used without permission at the time of the accident, and thus was obligated to defend and indemnify its insured was within the scope of the order of reference which authorized the JHO to hear and determine...

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