Opinion
February 9, 1995
Appeal from the Supreme Court, New York County (Helen Freedman, J.).
Petitioner's argument that respondent insurer's notice of cancellation was ineffective under Vehicle and Traffic Law § 313 (2) (a) for failure to notify the Department of Motor Vehicles within 30 days of the effective date of cancellation is unpreserved as a matter of law for this Court's review, no such argument having been raised before the IAS Court (see, Douglas Elliman-Gibbons Ives v. Kellerman, 172 A.D.2d 307, lv denied 78 N.Y.2d 856), and, in any event, is without merit. Since the notice of cancellation was filed with the Department of Motor Vehicles prior to the date of the accident, it was effective as against petitioner and its insureds even though not filed within 30 days after the cancellation (see, Meutsch v. Travelers Ins. Co., 206 A.D.2d 953, 954-955).
We have considered petitioner's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Rubin, Ross and Tom, JJ.