Opinion
2002-00146
Submitted June 12, 2002.
August 26, 2002.
In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, Bartolomeo Amereno and Bernice Amereno appeal from an order of the Supreme Court, Queens County (Thomas, J.), dated October 31, 2001, which granted the petition to the extent of staying that arbitration for a period of 90 days during which Bernice Amereno was to submit to an examination under oath and provide certain items demanded within 30 days of service of the order with notice of entry.
Gary E. Rosenberg, P.C., Forest Hills, N.Y., for appellants.
Peter J. Creedon, Melville, N.Y. (Fania Jean of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SANDRA J. FEUERSTEIN, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in temporarily staying the arbitration proceeding and directing the appellants to comply with all outstanding discovery demands (see CPLR 3102[c]; Matter of Allstate Ins. Co. v. Baez, 269 A.D.2d 392; Matter of Peerless Ins. Co. v. McDonough, 269 A.D.2d 398; Hendler Murray v. Lambert, 127 A.D.2d 820).
ALTMAN, J.P., FEUERSTEIN, FRIEDMANN, SCHMIDT and TOWNES, JJ., concur.