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MATTER OF SCOTT v. ALLSTATE INSURANCE COMPANY

45 A.D.3d 690 (2007)

846 N.Y.S.2d 248

In the Matter of DAYMIEN SCOTT et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided November 13, 2007.

Ordered that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to Supreme Court, Kings County, for further proceedings on the petition; and it is further,

Ordered that the respondent shall serve its answer within 30 days...

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