Opinion
2003-00038
Argued September 29, 2003.
November 17, 2003.
In an action, inter alia, to recover uninsured motorist's benefits, New York Central Mutual Fire Insurance Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Dillon, J.), dated December 11, 2002, as granted the plaintiff's cross motion to compel it to proceed to arbitration of the plaintiff's uninsured motorist claim.
Boeggeman, George, Hodges Corde, P.C., White Plains, N.Y. (Leslie K. Arfine and Cynthia Dolan of counsel), for nonparty-appellant.
Finkelstein Partners, Newburgh, N.Y. (George A. Kohl II of counsel), for respondent.
FRED T. SANTUCCI, J.P. SONDRA MILLER GLORIA GOLDSTEIN BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The appellant's contention that the plaintiff's claim for uninsured motorist benefits is time-barred is without merit ( see Matter of Allstate Ins. Co. v. Morrison, 267 A.D.2d 381; Matter of Continental Ins. Co. v. Richt, 253 A.D.2d 818, 819; Matter of Allstate Ins. Co. v. Giordano, 108 A.D.2d 910, affd 66 N.Y.2d 810).
The appellant's remaining contentions either are unpreserved for appellate review or without merit.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.