Opinion
December 15, 1997
Appeal from the Supreme Court, Rockland County (Sherwood, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court correctly determined that Dominic Mancuso's claim for underinsured motorist benefits coverage was untimely ( see, Schiebel v. Nationwide Mut. Ins. Co., 166 A.D.2d 520; Matter of Merchants Mut. Ins. Co. v. Hurban, 160 A.D.2d 873; cf., Matter of Nationwide Mut. Ins. Co. v. Edgerson, 195 A.D.2d 560). Accordingly, the court properly granted the petition and denied the cross motion as academic.
Bracken, J. P., Thompson, Krausman and Luciano, JJ., concur.