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MATTER OF CARTER v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION

49 A.D.3d 1169 (2008)

852 N.Y.S.2d 915

In the Matter of SHAWN CARTER, Appellant, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Respondent.

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

Decided March 14, 2008.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Oneida County, for a hearing pursuant to Insurance Law § 5218 (b) (5).

Memorandum:

Petitioner, allegedly the victim of a hit-and-run accident, appeals from an order denying his application for an order permitting him to commence an action against respondent pursuant to Insurance Law § 5218. We agree with...

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