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In re the Arbitration between Allstate Insurance & O'Keeffe

30 A.D.2d 944 Court N.Y. App. Div. Decision date 1968-10-08 English

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p. 944
In the Matter of the Arbitration between Allstate Insurance Company, Respondent, and John P. O’Keeffe, Appellant.

Appeal from order entered February 2, 1968, denying reargument, unanimously dismissed without costs or disbursements, with leave to respondent-appellant to apply at Special Term for a rehearing and reconsideration upon proof demonstrating prima facie that appellant’s injuries resulted from an uninsured automobile or a “hit- and-run automobile.” The papers do not set out grounds for reargument. The denial is, therefore, not appealable. However, as there is some indication that appellant is really seeking a rehearing or reconsideration, an opportunity should be granted to him to make such application upon more complete papers providing the information indicated above. Concur — Eager, J. P., Steuer, Tilzer, Rabin and Macken, JJ.