Opinion
March 2, 1998
Appeal from the Supreme Court, Queens County (Kassoff, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that under the appropriate Statute of Limitations, the petitioner Progressive Insurance Company is not entitled to a stay of the respondent Motor Vehicle Accident Indemnification Corporation's arbitration proceeding with respect to reimbursement of payments made no more than three years before the demand for arbitration (see, Matter of MVAIC v. Aetna Cas. Sur. Co., 89 N.Y.2d 214; Matter of Budget Rent-A-Car [State Ins. Fund], 237 A.D.2d 153).
Rosenblatt, J. P., Miller, Ritter and Krausman, JJ., concur.