Opinion
2002-06512
Submitted May 21, 2003.
June 23, 2003.
In a proceeding pursuant to CPLR article 75 for a temporary stay of arbitration of an underinsured motor vehicle claim, Nirit Rosenfarb appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated April 11, 2002, which, in effect, granted the petition.
Barry Siskin, New York, N.Y., for appellant.
Montfort, Healy, McGuire Salley, Garden City, N.Y. (Donald S. Neumann, Jr., of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, LEO F. McGINITY, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law and as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.
The Supreme Court improvidently exercised its discretion in granting the petition for a temporary stay of arbitration. The record indicates that the insurance carrier had ample time to seek discovery of the insured, Nirit Rosenfarb, as provided for in the underlying insurance policy, but that it unjustifiably failed to do so in that time (see Matter of Interboro Mut. Indem. Ins. Co v. Noel, 265 A.D.2d 557; Matter of Liberty Mut. Ins. Co. v. DeCaro, 244 A.D.2d 487).
RITTER, J.P., FEUERSTEIN, McGINITY, TOWNES and COZIER, JJ., concur.