Opinion
March 28, 1994
Appeal from the Supreme Court, Nassau County (Collins, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed insofar as appealed from, on the law, the proceeding is dismissed, the temporary stay of arbitration contained in the order dated December 11, 1991, is vacated, and the parties are directed to proceed to arbitration; and it is further,
Ordered that the appellant is awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the proceeding (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).
On January 20, 1991, the appellant Frederick J. Wing, a Nassau County police officer, was allegedly injured in the course of his duties while attempting to apprehend the infant driver of a stolen motor vehicle. On June 24, 1991, the appellant served a demand for arbitration of his uninsured motorist claim upon the petitioner Worldwide Insurance Group. The demand contained notice of a 20-day limitation period for seeking a stay of arbitration pursuant to CPLR 7503 (c). On September 9, 1991, more than 20 days after the demand for arbitration had been served, the petitioner made an application for a stay of arbitration. The appellant opposed the application for a stay and argued that he was entitled to recovery under General Municipal Law § 205-e.
The 20-day limitation is strictly enforced (see, Matter of Spychalski [Continental Ins. Co.], 58 A.D.2d 193, affd 45 N.Y.2d 847; Matter of Board of Educ. v. Olena Constr. Corp., 195 A.D.2d 458; Matter of Metropolitan Prop. Liab. Ins. Co. v. Hancock, 183 A.D.2d 831). The appellant clearly invoked General Municipal Law § 205-e and may be entitled to recovery pursuant to that provision. Therefore, we find that the Supreme Court erred in granting the petitioner's untimely application for a stay (see, Malsky v. Towner, 196 A.D.2d 532; Santangelo v. State of New York, 193 A.D.2d 25; Antico v. Richmond Hous. Assocs., 196 A.D.2d 853; Phalen v. Kane, 192 A.D.2d 186). Thompson, J.P., Santucci, Friedmann and Florio, JJ., concur.