Opinion
Submitted April 28, 1999
June 7, 1999
In a proceeding pursuant to CPLR 7503 (c) to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated June 10, 1998, as, upon granting reargument, adhered to its original determination in an order dated December 24, 1997, denying the petition and dismissing the proceeding.
Bruno, Gerbino Macchia (John M. Denby, East Setauket, N.Y., of counsel), for appellant.
Harold Chetrick, New York, N.Y., for respondent.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Upon reargument, the insurer still failed to meet its burden of explaining the delay of nearly nine months in notifying the insured of its disclaimer ( see, Hartford Ins. Co. v. County of Nassau, 46 N.Y.2d 1028; Ward v. Corbally, Gartland Rappleyea, 207 A.D.2d 342). Therefore, the Supreme Court properly adhered to its original determination.