Opinion
2001-08875
Submitted June 12, 2002
August 19, 2002.
In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, State Farm Mutual Automobile Insurance Company appeals from an order of the Supreme Court, Nassau County (McCarty, J.), entered September 24, 2001, which, upon an order of the same court (Adams, J.), dated January 22, 2001, granting the petition and staying the arbitration, denied its motion for leave to renew.
Martin, Fallon Mullé, Huntington, N.Y. (Richard C. Mullé of counsel), for appellant.
Murray Lemonik, Jericho, N.Y. (Barry M. Greenberg of counsel), for petitioner-respondent.
Before: MYRIAM J. ALTMAN, J.P., SANDRA J. FEUERSTEIN, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the appellant's motion for leave to renew, as it offered no reasonable excuse as to why the evidence submitted with the motion was not previously submitted in opposition to the petition (see CPLR 2221[e]; Matter of Colonial Penn Ins. Co. v. Nevelus, 292 A.D.2d 381; Matter of Allstate Ins. Co. v. Taddeo, 285 A.D.2d 503). Additionally, even if the appellant's excuse was reasonable, it failed to explain the nearly five-month delay in moving to renew (see Cole-Hatchard v. Grand Union, 270 A.D.2d 447; Dankner v. Szurzan Dorf, 226 A.D.2d 669; Elgem, Inc. v. National Gypsum, 192 A.D.2d 636).
ALTMAN, J.P., FEUERSTEIN, FRIEDMANN, SCHMIDT and TOWNES, JJ., concur.