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In the Matter of the Arbitration Between

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


May 3, 2013

IN THE MATTER OF THE ARBITRATION BETWEEN COLLEEN S. HOGAN, NOW KNOWN AS COLLEEN S. WALTERS, PETITIONER-APPELLANT, AND AND NATIONWIDE PROPERTY & CASUALTY INSURANCE COMPANY, RESPONDENT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered April 30, 2012 in a proceeding pursuant to CPLR article 75.

Matter of Hogan (Nationwide Prop. & Cas. Ins. Co.)

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.

Released on May 3, 2013

PRESENT: SCUDDER, P.J., PERADOTTO, SCONIERS, VALENTINO, AND MARTOCHE, JJ.

The order denied petitioner's application to vacate the arbitration award.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by confirming the arbitration award and as modified the order is affirmed without costs.

Memorandum: We conclude, for reasons stated in the decision at Supreme Court, that the court properly determined that petitioner was not entitled to vacatur of the arbitration award. We note, however, that the court erred in failing to confirm the award pursuant to CPLR 7511 (e), and we therefore modify the order accordingly. Entered: May 3, 2013 Frances E. Cafarell Clerk of the Court

20130503

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