Opinion
2002-07342
Submitted May 22, 2003.
June 9, 2003.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Roselyne Pierre-Louis appeals from an order of the Supreme Court, Kings County (Hubsher, J.), dated June 10, 2002, which granted the petition.
Pops Associates, New York, N.Y. (Seymour I. Yanofsky of counsel), for appellant.
Samuel K. Rubin, Bethpage, N.Y. (Lawrence I. Miles of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The demand for arbitration of the appellant's claim for uninsured motorist benefits was served by certified mail, return receipt requested, and was received by Eagle Insurance Company (hereinafter Eagle) on November 26, 2001. Eagle commenced this proceeding to stay arbitration on December 14, 2001. The 20-day period in which to apply for a stay of arbitration pursuant to CPLR 7503(c) is measured from the date of receipt of the demand for arbitration (see Matter of Knickerbocker Ins. Co., 28 N.Y.2d 57, 64; Monarch Ins. Co. v. Pollack, 32 A.D.2d 819; see also Matter of Prudential Sec. v. Warsh, 214 A.D.2d 739; Matter of Colonial Penn Ins. Co. v. Ennab, 168 A.D.2d 494). Accordingly, the Supreme Court properly determined that the proceeding was timely commenced.
The appellant failed to offer any evidence to refute the proof presented by Eagle that the offending vehicle was insured at the time of the accident. Therefore, the Supreme Court therefore properly granted a permanent stay of arbitration (see Matter of Government Empls. Ins. Co. v. McFarland, 286 A.D.2d 500).
The appellant's remaining contentions are without merit.
ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.