Matter of Northern Ins. Co. of N.Y. v. Mirra

Full title: IN THE MATTER OF NORTHERN INSURANCE COMPANY OF NEW YORK, RESPONDENT, v…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 7, 2001

283 A.D.2d 432 (N.Y. App. Div. 2001)

723 N.Y.S.2d 889

Opinion

Submitted April 18, 2001.

May 7, 2001.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, the appeal is from an order of the Supreme Court, Queens County (Kassoff, J.), dated May 30, 2000, which, after a hearing, granted the petition and permanently stayed arbitration.

Levine Grossman, Mineola, N.Y. (Frank Torres of counsel), for appellants.

Robert J. Passarelli, Babylon, N.Y., for respondent.

Before: RITTER, J.P., ALTMAN, McGINITY, SMITH and COZIER, JJ.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the petition and permanently stayed arbitration (see, Matter of Allstate Ins. Co. v. Palermo, 226 A.D.2d 457; Matter of State Farm Auto. Ins. Co. v. Blanco, 208 A.D.2d 933; Matter of State Farm Mut. Ins. Co. v. Del Pizzo, 185 A.D.2d 352; Matter of Aetna Cas. Sur. Co. v. Crown, 181 A.D.2d 883).