Opinion · Appellate Division of the Supreme Court of the State of New York

Mutual Service Casualty v. Cedeno

284 A.D.2d 398

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
2001-06-11
Topic
international-arbitration

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of two claims for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (I. Aronin, J.), dated August 4, 2000, which denied the petition and dismissed the proceeding. Ordered that the order is affirmed, without costs or disbursements. . The Supreme Court properly denied the petition as untimely (see, CPLR 7503 [c]; Matter of Colonial Penn Ins. Co. v Ennab, 168 AD2d 494; cf., Matter of Metropolitan Prop. & Liab.

Citator

UpLaw has not yet analyzed Mutual Service Casualty v. Cedeno. The absence of a flag is not a finding that it is good law.

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of two claims for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (I. Aronin, J.), dated August 4, 2000, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, without costs or disbursements. .

The Supreme Court properly denied the petition as untimely (see, CPLR 7503 [c]; Matter of Colonial Penn Ins. Co. v Ennab, 168 AD2d 494; cf., Matter of Metropolitan Prop. & Liab. Ins. Co. v Boisette, 105 AD2d 785; Matter of Empire Mut. Ins. Co. v Levy, 35 AD2d 916). Santucci, J. P., S. Miller, Luciano, Feuerstein and Adams, JJ., concur.