Opinion
Submitted January 20, 2000
March 9, 2000
In a proceeding pursuant to CPLR article 75, inter alia, to stay arbitration of a claim for uninsured motorist benefits, the petitioner, Interboro Mutual Indemnity Insurance Company, appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated February 25, 1999, as denied that branch of the petition which was for a temporary stay of arbitration pending discovery.
Feeney, Gayoso Fitzpatrick, LLP, Nesconset, N.Y. (Elizabeth A. Fitzpatrick of counsel), for appellant.
FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court properly denied that branch of the petition which was for a temporary stay of arbitration pending discovery. The petitioner had ample time prior to the commencement of the proceeding "within which to seek discovery of the respondent insured as provided for in the insurance policy, and unjustifiably failed to utilize that opportunity" to obtain the discovery now sought (Matter of Allstate Ins. Co. v. Urena, 208 A.D.2d 623 ; see,Matter of State Farm Ins. Co. v. Smith, 255 A.D.2d 386 ; Matter of Allstate Ins. Co. v. Faulk, 250 A.D.2d 674 ; Matter of Liberty Mut. Ins. Co. v. DeCaro, 244 A.D.2d 487 ; Matter of Allstate Ins. Co. v. Nebedum, 208 A.D.2d 624 ; cf., Matter of Metropolitan Prop. Cas. Ins. Co. v. Keeney, 241 A.D.2d 455 ; Matter of MVAIC [Lucash], 16 A.D.2d 975 ).
SANTUCCI, J.P., ALTMAN, FRIEDMANN, and GOLDSTEIN, JJ., concur.