Opinion
March 8, 1991
Appeal from the Supreme Court, Onondaga County, Miller, J.
Present — Dillon, P.J., Callahan, Denman, Boomer and Lowery, JJ.
Order unanimously affirmed with costs. Memorandum: Respondent served petitioner with a Demand for Arbitration alleging that her personal injuries were caused by the negligence of an uninsured motor vehicle operator. The uncontroverted facts on the record establish that respondent was driving the subject motor vehicle at the time of the accident. It was within the jurisdiction of Supreme Court to determine, on those uncontroverted facts, that respondent had no arbitrable claim for uninsured motorist benefits (see, Matter of Rosenbaum [American Sur. Co.], 11 N.Y.2d 310; Matter of MVAIC [Levy], 17 A.D.2d 965; Matter of Hilton [MVAIC], 53 Misc.2d 823, affd 29 A.D.2d 630).