Allstate Ins. Co. v. Fullone

Full title: In the Matter of Allstate Insurance Company, respondent, v. Josephine…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 24, 2014

2014 N.Y. Slip Op. 8989 (N.Y. App. Div. 2014)

Opinion

2014-00808

12-24-2014

In the Matter of Allstate Insurance Company, respondent, v. Josephine Fullone, et al., appellants.

Randall S. Ferguson, Huntington, N.Y., for appellants. Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum], of counsel), for respondent.

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

ROBERT J. MILLER, JJ. (Index No. 22422/13)

Randall S. Ferguson, Huntington, N.Y., for appellants.

Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum], of counsel), for respondent.

DECISION & ORDER

In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of claims for uninsured motorist benefits, Josephine Fullone and Damiano Fullone appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (LaSalle, J.), dated October 16, 2013, as denied their motion to dismiss the proceeding as time-barred and temporarily stayed arbitration pending a framed-issue hearing.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the defendants' motion to dismiss the proceeding as time-barred and temporarily stayed arbitration pending a framed-issue hearing.

MASTRO, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court