IN RE: THE ARBITRATION BETWEEN ADAM BOBAK (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: THE ARBITRATION BETWEEN ADAM BOBAK, PETITIONER-RESPONDENT, AND AIG CLAIMS SERVICES, INC., NEW HAMPSHIRE INSURANCE COMPANY AND AMERICAN INTERNATIONAL GROUP, INC., RESPONDENTS-APPELLANTS. (APPEAL NO. 2.)

CA 09-00404

Decided: April 30, 2010

PRESENT: MARTOCHE, J.P., SMITH, PERADOTTO, GREEN, AND PINE, JJ.

GOLDBERG SEGALLA LLP, BUFFALO (PAUL D. MCCORMICK OF COUNSEL), FOR RESPONDENTS-APPELLANTS. THE COSGROVE LAW FIRM, BUFFALO (EDWARD C. COSGROVE OF COUNSEL), FOR PETITIONER-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same Memorandum as in Matter of New Hampshire Ins. Co. (Bobak) (_ AD3d _ [Apr. 30, 2010] ).

All concur except Martoche, J.P., and Green, J., who dissent and vote to affirm in the same dissenting Memorandum as in Matter of New Hampshire Ins. Co. (Bobak) (_ AD3d _ [Apr. 30, 2010] ).

Patricia L. Morgan

Clerk of the Court

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