Opinion
2002-06062
Argued March 31, 2003.
May 5, 2003.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (McCarty, J.), dated June 10, 2002, which granted the petition.
Keller, O'Reilly Watson, P.C., Woodbury, N.Y. (Kevin W. O'Reilly of counsel), for appellant.
Marshall Marshall, Jericho, N.Y. (Richard Steigman of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, LEO F. McGINITY, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly permanently stayed the arbitration of the uninsured motorist claim based upon the expiration of the six-year statute of limitations applicable to arbitration of such claims (see CPLR 7502[b], 7503[c]; Matter of Travelers Prop. Cas. Corp. v. Lee, 283 A.D.2d 583; Matter of Allstate Ins. Co. v. Morrison, 267 A.D.2d 381).
ALTMAN, J.P., SMITH, McGINITY and COZIER, JJ., concur.