Opinion
2002-06925.
Decided March 29, 2004.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the appeal is from an order of the Supreme Court, Suffolk County (Werner, J.), entered April 4, 2002, which granted the petition.
Kazmierczuk McGrath, Richmond Hill, N.Y. (John P. McGrath of counsel), for appellant.
Before: NANCY E. SMITH, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
Where, as here, an insured is required to provide notice of a claim as soon as practicable, such notice must be given within a reasonable time under all of the circumstances ( see Matter of Interboro Mut. Indem. Ins. Co. v. Brown, 300 A.D.2d 660). Under the circumstances of this case, the appellant failed to file written notice of his uninsured motorist claim as soon as practicable as was required by his insurance policy ( see Matter of Interboro Mut. Indem. Ins. Co. v. Brown, supra; Matter of Interboro Mut. Indem. Ins. Co. v. Callender, 288 A.D.2d 474; Matter of Eagle Ins. Co. v. Bernardine, 266 A.D.2d 543). He also failed to sustain his burden of demonstrating due diligence or a reasonable excuse for the delay in ascertaining the alleged tortfeasor's insurance status ( see Matter of Continental Ins. Co. v. Josephson, 280 A.D.2d 546, 547; Matter of Eagle Ins. Co. v. Bernardine, supra). Thus, the Supreme Court properly granted the petition to permanently stay arbitration of the claim for uninsured motorist benefits.
The appellant's remaining contentions are without merit.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.