Opinion
2003-08583.
Decided June 21, 2004.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Lally, J.), dated September 9, 2003, which, in effect, denied the petition, dismissed the proceeding, and directed the parties to proceed to arbitration.
Robert J. Cava, P.C., West Babylon, N.Y., for appellant.
David L. Mejias Associates, P.C., Hempstead, N.Y. (Miguel A. Alvarado of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., THOMAS A. ADAMS, BARRY A. COZIER, ROBERT A. LIFSON, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs payable to the respondent.
The parties participated in the arbitration which was the subject of this proceeding. The arbitration resulted in an award to the respondent. The petitioner did not seek interim relief from this court. Under these circumstances, the petitioner forfeited its right to appellate review of the Supreme Court's determination and its appeal must be dismissed ( see CPLR 7503[b]; Matter of Commerce and Indus. Ins. Co. v. Nester, 230 A.D.2d 795, affd 90 N.Y.2d 255, 261-265; Matter of Allstate Ins. Co. v. Peterson, 226 A.D.2d 528).
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.