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MATTER OF GOVERNMENT EMPLOYEES INSURANCE COMPANY v. CASTILLO-GOMEZ

34 A.D.3d 477 (2006)

824 N.Y.S.2d 159

In the Matter of GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent, v. FERNANDO CASTILLO-GOMEZ, Appellant, et al., Respondents.

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

Decided November 8, 2006.

Ordered that the order is reversed, on the law, with costs, and the appellant's motion to dismiss the proceeding as untimely is granted.

The appellant claimed that he was injured as a result of an accident on March 30, 2003 caused by an allegedly uninsured vehicle. On April 9, 2003 his attorney sent to his insurer, the petitioner Government Employees Insurance Company (hereinafter Geico) a letter by certified mail, return...

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