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MATTER OF JASSER v. ALLSTATE INSURANCE COMPANY

2009-11254.

77 A.D.3d 751 (2010)

909 N.Y.S.2d 736

In the Matter of STEVEN H. JASSER, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided October 12, 2010.

Ordered that, pursuant to CPLR 103 (c), the matter is converted into a proceeding pursuant to CPLR article 75; and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondent.

Preliminarily, the petitioner's claims are more appropriately reviewed in a proceeding pursuant to CPLR article 75. "[A]ppellate courts are empowered to convert a civil proceeding into one which is proper in...

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