Opinion
2000-06771
Submitted January 8, 2003.
January 27, 2003.
In a proceeding to stay arbitration of an uninsured motorist claim, the American Agents Insurance Company appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), dated June 1, 2000, which, after a hearing, granted the petition and permanently stayed arbitration.
Birzon, Quinn Strang, Smithtown, N.Y. (Joseph K. Strang of counsel), for appellant.
Curtis, Vasile, Devine McElhenny, Merrick, N.Y. (Kathryn Fitzgerald of counsel), for petitioner-respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The petitioner made a prima facie showing that the offending vehicle was insured at the time of the accident. The burden thus shifted to the appellant to prove that the vehicle was not insured (see Matter of Globe Indem. v. Lawrence, 210 A.D.2d 334; cf. Matter of State Farm Mut. Auto. Ins. Co. v. Yeglinski, 79 A.D.2d 1029). The appellant's evidence was insufficient to overcome the petitioner's showing that the offending vehicle was insured on the day of the accident (see Matter of State Farm Ins. Co v. Vanblarcom, 226 A.D.2d 732).
SANTUCCI, J.P., KRAUSMAN, McGINITY, SCHMIDT and CRANE, JJ., concur.