Opinion
Argued February 24, 2000.
April 3, 2000.
In a proceeding to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Orange County (Slobod, J.), dated November 17, 1998, which granted the petition and permanently stayed arbitration.
Marcus, Ollman Kommer, New Rochelle, N.Y. (John S. Kommer of counsel), for appellant.
Boeggeman, George, Hodges Corde, P.C., White Plains, N Y (Cynthia Dolan and White, Fleischner Fino, N.Y, N.Y., of counsel), for respondent.
DANIEL W. JOY, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The appellant failed to give notice of his uninsured motorist claim as soon as practicable (see, Mighty Midgets v. Centennial Ins. Co., 47 N.Y.2d 12 ; Matter of Eagle Ins. Co. v. Bernadino, 266 A.D.2d 543 [2d Dept., Nov. 29, 1999]; Matter of Utica Mut. Ins. Co. v. Lowry, 208 A.D.2d 636 ).