Opinion
April 8, 1991
Appeal from the Supreme Court, Nassau County (Morrison, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
All of the documentary evidence in the case at bar — including a police report, a Department of Motor Vehicles DP-37 form, and a notice of cancellation with proof of mailing — substantiates the respondent's claim that it effectively terminated Ophelia Thomas' insurance on June 14, 1987, some six weeks before the accident at issue. The petitioner thus failed to make the necessary prima facie showing of insurance coverage on the date of the accident required to shift the burden to the respondent to prove that coverage did not exist, or to warrant a hearing on the issue of whether a stay of arbitration should be granted (cf., Matter of Insurance Co. v. Lyman, 148 A.D.2d 456; cf., Matter of Public Serv. Mut. Ins. Co. [Binder], 121 A.D.2d 903; Matter of Liberty Mut. Ins. Co. v. Horowitz, 121 A.D.2d 634). Thompson, J.P., Kunzeman, Eiber and Rosenblatt, JJ., concur.