Opinion
2014-05-21
In the Matter of COUNTRY–WIDE INSURANCE COMPANY, appellant, v. Sharon BLOOMFIELD–PALMER, et al., respondents-respondents; James M. Gates, Jr., et al., proposed additional respondents-respondents, et al., proposed additional respondent.
Jaffe & Koumourdas, LLP, New York, N.Y. (Jean H. Kang of counsel), for appellant.
In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from a decision of the Supreme Court, Kings County (Archer, Ct. Atty. Ref.), dated February 21, 2013, made after a framed-issue hearing.
ORDERED that the appeal is dismissed, without costs or disbursements.
The paper from which the petitioner appeals is merely a decision, as the paper did not grant or deny the petition or dispose of the proceeding. No appeal lies from a decision ( see Matter of 21st Century Ins. Co. v. Davis, 114 A.D.3d 955, 955, 980 N.Y.S.2d 821;Matter of AutoOne Ins. Co. v. Fernandez, 109 A.D.3d 469, 470, 969 N.Y.S.2d 918) and, thus, the appeal must be dismissed. DILLON, J.P., BALKIN, MILLER and MALTESE, JJ., concur.