This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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No. 38
In the Matter of State Farm
Mutual Automobile Insurance
Company,
            Appellant,
         v.
Patrick Fitzgerald,
            Respondent.




            Henry Mascia, for appellant.
            Frank Braunstein, for respondent.




*   *   *     *   *   *   *   *   *   *   *     *   *   *   *   *   *

Reargument ordered and case set down for argument during a future
session of this Court. Chief Judge Lippman and Judges Read,
Pigott, Abdus-Salaam, Stein and Fahey concur. Judge Rivera took
no part.


Decided March 31, 2015
