Opinion
April 25, 1994
Appeal from the Supreme Court, Nassau County (Roncallo, J.).
Ordered that the order is reversed, on the law, with costs, and the proceeding is dismissed.
In view of our determination in a related appeal that Betty Lynn Hehl was not covered by the insurance policy issued by Government Employees Insurance Company and that the insurer was, therefore, entitled to a stay of arbitration (see, Matter of Government Empls. Ins. Co. v Hehl, 203 A.D.2d 570 [decided herewith]), the proceeding must be dismissed. In any event, we note that the court lacked personal jurisdiction over the appellant since the petition was served only by first-class mail (see, Matter of Country Wide Ins. Co. v Polednak, 114 A.D.2d 754). Mangano, P.J., Bracken, Balletta and Hart, JJ., concur.