Opinion
June 3, 1996
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for an evidentiary hearing in accordance herewith to determine whether the vehicle which allegedly was involved in the underlying accident with the respondents was insured at the time of the accident.
The record of the Department of Motor Vehicles submitted by the petitioner was sufficient to raise a genuine issue of fact as to whether the vehicle which allegedly was involved in the underlying accident with the respondents was insured at the time of the accident ( see, Matter of Public Serv. Mut. Ins. Co. [Binder], 121 A.D.2d 903). Therefore, arbitration must be stayed pending resolution of that issue at an evidentiary hearing to be conducted in the Supreme Court, Nassau County ( see, Matter of Allstate Ins. Co. v. Casanova, 145 A.D.2d 630; Matter of Public Serv. Mut. Ins. Co. [Binder], supra). O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.