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JOSE OSORIO, ap, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, res

MATTER OF JOSE OSORIO, ap, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, res — (INDEX NO. 59636/11)In a proceeding pursuant to Insurance Law §5218(c) for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation, the petitioner appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Giacomo, J.), entered December 4, 2012, as denied that branch of his motion which was for leave to renew his petition for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation, which had been denied in an order of the same court entered June 5, 2012.

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MATTER OF JOSE OSORIO, ap, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, res — (INDEX NO. 59636/11)In a proceeding pursuant to Insurance Law §5218(c) for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation, the petitioner appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Giacomo, J.), entered December 4, 2012, as denied that branch of his motion which was for leave to renew his petition for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation, which had been denied in an order of the same court entered June 5, 2012.

ORDERED that the order entered December 4, 2012, is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, that branch of the petitioner’s motion which was for leave to renew is granted, upon renewal, the order entered June 5, 2012, is vacated, and the petition pursuant to Insurance Law §5218(c) for leave to commence an action against the Motor Vehicle Accident Indemnification Corporation is granted.

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