On March 08, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
State Farm Fire And Casualty Company,
and
Daniel Francis,
Jesus Alvarado,
Liberty Mutual,
Mayela Alvarado-Pena,
for Special Proceedings - CPLR Article 75
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 03/08/2021 04:35 PM INDEX NO. 602775/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/06/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
In the Matter of the Application of STATE FARM FIRE Index No.: 602775/2021
AND CASUALTY COMPANY to Permanently Stay an
Uninsured Motorist Arbitration, Amended Notice of
Petition
Petitioner,
-against-
JESUS ALVARADO, MAYELA ALVARADO-PENA,
DANIEL FRANCIS, and LIBERTY MUTUAL
Respondents.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE that, upon the annexed petition of STATE FARM
FIRE AND CASUALTY COMPANY (“State Farm”), by their attorneys, PENINO &
MOYNIHAN, LLP, dated March 4, 2021, and all exhibits annexed thereto, the
undersigned will petition this Court before a justice to be assigned in the courthouse
located at 100 Supreme Court Drive, Mineola, New York, on the 30th day of April, 2021,
at 9:30 a.m., or as soon thereafter as counsel may be heard, for an Order:
• Pursuant to Article 75 of the Civil Practice Law and Rules, permanently staying
the arbitration of this matter;
• For such other and further relief deemed just and proper by the Court.
PLEASE TAKE FURTHER NOTICE that answering papers, if any, must be
served at least seven days before the return date pursuant to CPLR § 2214(b).
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FILED: NASSAU COUNTY CLERK 03/08/2021 04:35 PM INDEX NO. 602775/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/06/2021
Nassau County is selected as venue for this application pursuant to CPLR §
7502(i), as it is the county in which the party seeking arbitration resides.
Dated: White Plains, NY
April 6, 2021
Respectfully,
Penino & Moynihan, LLP
Henry L. Liao
By: Henry L. Liao
Attorneys for Petitioner
STATE FARM FIRE AND
CASUALTY COMPANY
1025 Westchester Avenue, Ste. 403
White Plains, NY 10604
(914) 949-6996
To: Law Offices of Alan M. Saunders, LLC
Attorneys for Respondent
JESUS ALVARADO
One Old Country Road, Suite 320
Carle Place, NY 11514
(516) 742-6400
MAYELA ALVARADO-PENA
Respondent
10 Finney Lane
Stamford, CT 06902
DANIEL FRANCIS
Respondent
118 Argyle Avenue
Uniondale, NY 11553
LM GENERAL INSURANCE COMPANY, a/k/a
LIBERTY MUTUAL
Respondent
175 Berkeley Street
Boston, MA 02116
Courtesy Copy to:
AMERICAN ARBITRATION ASSOCIATION
32 Old Slip, 33rd Floor
New York, NY 10005
(917) 438-1500
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2 of 2
Document Filed Date
March 08, 2021
Case Filing Date
March 08, 2021
Category
Special Proceedings - CPLR Article 75
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FILED: NASSAU COUNTY CLERK 03/08/2021 04:35 PM INDEX NO. 602775/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/06/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------X In the Matter of the Application of STATE FARM FIRE Index No.: 602775/2021 AND CASUALTY COMPANY to Permanently Stay an Uninsured Motorist Arbitration, Amended Notice of Petition Petitioner, -against- JESUS ALVARADO, MAYELA ALVARADO-PENA, DANIEL FRANCIS, and LIBERTY MUTUAL Respondents. ----------------------------------------------------------------------X PLEASE TAKE NOTICE that, upon the annexed petition of STATE FARM FIRE AND CASUALTY COMPANY (“State Farm”), by their attorneys, PENINO & MOYNIHAN, LLP, dated March 4, 2021, and all exhibits annexed thereto, the undersigned will petition this Court before a justice to be assigned in the courthouse located at 100 Supreme Court Drive, Mineola, New York, on the 30th day of April, 2021, at 9:30 a.m., or as soon thereafter as counsel may be heard, for an Order: • Pursuant to Article 75 of the Civil Practice Law and Rules, permanently staying the arbitration of this matter; • For such other and further relief deemed just and proper by the Court. PLEASE TAKE FURTHER NOTICE that answering papers, if any, must be served at least seven days before the return date pursuant to CPLR § 2214(b). 1 1 of 2 FILED: NASSAU COUNTY CLERK 03/08/2021 04:35 PM INDEX NO. 602775/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/06/2021 Nassau County is selected as venue for this application pursuant to CPLR § 7502(i), as it is the county in which the party seeking arbitration resides. Dated: White Plains, NY April 6, 2021 Respectfully, Penino & Moynihan, LLP Henry L. Liao By: Henry L. Liao Attorneys for Petitioner STATE FARM FIRE AND CASUALTY COMPANY 1025 Westchester Avenue, Ste. 403 White Plains, NY 10604 (914) 949-6996 To: Law Offices of Alan M. Saunders, LLC Attorneys for Respondent JESUS ALVARADO One Old Country Road, Suite 320 Carle Place, NY 11514 (516) 742-6400 MAYELA ALVARADO-PENA Respondent 10 Finney Lane Stamford, CT 06902 DANIEL FRANCIS Respondent 118 Argyle Avenue Uniondale, NY 11553 LM GENERAL INSURANCE COMPANY, a/k/a LIBERTY MUTUAL Respondent 175 Berkeley Street Boston, MA 02116 Courtesy Copy to: AMERICAN ARBITRATION ASSOCIATION 32 Old Slip, 33rd Floor New York, NY 10005 (917) 438-1500 2 2 of 2