Opinion
April 19, 1971
In a proceeding by an insurer to stay arbitration of claims for personal injuries asserted by appellants pursuant to the provisions of an accident indemnification indorsement contained in an automobile liability insurance policy issued by it and which provided appellant Alne with uninsured motorist coverage (Insurance Law, § 167, subd. 2-a), the claimants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County, dated July 31, 1969, as, in referring stated issues to a Special Referee to hear and report together with his findings and recommendations, included therein the issue whether the claimants reported the accident as a hit-and-run accident to the police in the vicinity or to the Commissioner of Motor Vehicles within 24 hours or as soon as practicable. Appeal dismissed, with $10 costs and disbursements. An order of reference to hear and report is not appealable ( De Matteis v. De Matteis, 21 A.D.2d 783; La Ruea v. General Sportwear Co., 16 A.D.2d 677). Munder, Acting P.J., Martuscello, Shapiro, Gulotta and Benjamin, JJ., concur.