Opinion
June 17, 1996
Appeal from the Supreme Court, Queens County (Kassoff, J.).
Ordered that the judgment is affirmed, with costs.
The evidence adduced at the hearing was sufficient to establish that the bill sent to the insured strictly complied with the billing procedures set forth by the Rules of New York Automobile Insurance Plan § 14 (E) (2) (cf., Matter of Home Indem. Co. v Scricca, 147 A.D.2d 697; Eveready Ins. Co. v. Mitchell, 133 A.D.2d 210). Moreover, the evidence was also sufficient to establish mailing of the bill in question (cf., Matter of Allstate Ins. Co. v. Ramirez, 208 A.D.2d 828; L.Z.R. Raphaely Galleries v Lumbermens Mut. Cas. Co., 191 A.D.2d 680). Accordingly, the policy was effectively cancelled and the Supreme Court properly granted the petition to stay arbitration. Rosenblatt, J.P., Thompson, Pizzuto and Hart, JJ., concur.