Opinion
May 28, 1996
Appeal from the Supreme Court, Nassau County (Adams, J.).
Ordered that the order is affirmed, with costs.
In support of its application for a permanent stay of the uninsured motorist arbitration, the petitioner submitted a document which indicated that the insurance coverage, which had been issued to the owner and driver of the offending vehicle by Eagle Insurance Company had, in fact, been terminated approximately four weeks before the accident on February 27, 1994. Under these circumstances, we agree with the Supreme Court that the petitioner was not entitled to a stay of arbitration as the petitioner failed to meet its initial burden of showing that the offending vehicle was, in fact, insured on the date of the accident ( see, Matter of Eagle Ins. Co. v. Battershield, 225 A.D.2d 545; Matter of State-Wide Ins. Co. v. Morales, 204 A.D.2d 336; Matter of Insurance Co. v. Castillo, 158 A.D.2d 691). Ritter, J.P., Thompson, Hart and McGinity, JJ., concur.