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MATTER OF MBNA v. ANASTASIO

35 A.D.3d 474 (2006)

824 N.Y.S.2d 724

In the Matter of MBNA, Appellant, v. SABRINA ANASTASIO, Respondent.

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

Decided December 5, 2006.

Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, the motion for leave to renew is granted, and upon renewal, the petitioner's motion to confirm the award dated November 17, 2004, is granted.

The Supreme Court properly dismissed the petitioner's initial motion to confirm the arbitration award dated November 17, 2004, since the award was not affirmed (see CPLR 7507).

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