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MATTER OF TRAVELERS INDEMNITY COMPANY v. CASTRO

40 A.D.3d 1005 (2007)

836 N.Y.S.2d 657

In the Matter of TRAVELERS INDEMNITY COMPANY, Respondent, v. OSCAR CASTRO, Appellant, et al., Respondents.

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

Decided May 22, 2007.

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

This proceeding was commenced in February 2006, several months after the appellant served two separate notices of intention to arbitrate pursuant to CPLR 7503 (c), in May 2004 and August 2004, respectively. As such, this proceeding was not timely commenced (see Matter of Government Empls. Ins. Co. v Castillo-Gomez,

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