Opinion
January 8, 1996
Appeal from the Supreme Court, Kings County (Cannizzaro, J.H.O.).
Ordered that the judgment is affirmed, with one bill of costs.
Contrary to the appellant's contention, the Supreme Court's finding of permissive use of the insured vehicle was based upon a fair interpretation of the evidence (see, Bouloukos v Blank, 202 A.D.2d 539, 540; Vehicle and Traffic Law § 388). Accordingly, the Supreme Court properly granted the petition to permanently stay arbitration of the uninsured motorist claim. Mangano, P.J., Miller, Santucci and Hart, JJ., concur.