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In the Matter of the Arbitration Between

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


September 28, 2012

IN THE MATTER OF THE ARBITRATION BETWEEN NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY ("NYCM"), PETITIONER-APPELLANT, AND AND JASMINE MENDEZ, RESPONDENT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered August 19, 2011.

Matter of Matter of New York Cent. Mut. Fire Ins. Co. ("nycm") (Mendez)

Decided on September 28, 2012

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., SMITH, FAHEY, LINDLEY, AND MARTOCHE, JJ.

The order, insofar as appealed from, denied the application of petitioner for a permanent stay of arbitration and denied the application of petitioner for an evidentiary hearing.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on August 7, 2012,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: September 28, 2012

Frances E. Cafarell Clerk of the Court

20120928

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