Opinion
Submitted May 23, 2001
September 10, 2001.
In a proceeding pursuant to CPLR 7503 to stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (Adams, J.), dated August 17, 2000, which granted the petition.
DeAngelis Hafiz, P.C., Mount Vernon, N.Y. (Joseph J. Carcagno of counsel), for appellant.
Darienzo Lauzon, Garden City, N.Y. (Montfort, Healy, McGuire Salley [Donald S. Neumann, Jr.] of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, DANIEL F. LUCIANO, and SANDRA J. FEUERSTEIN, JJ.
ORDERED that the order is affirmed, with costs.
Since the appellant failed to report the alleged hit-and-run accident to the police within 24 hours or as soon as reasonably possible as required by the policy at issue, she is precluded from recovering the policy's uninsured motorist benefits (see, Matter of State Farm Mut. Ins. Co. v. Genao, 210 A.D.2d 340; Matter of United States Fire Ins. Co. v. Williams, 166 A.D.2d 538). Moreover, contrary to the appellant's contention, the petitioner timely disclaimed coverage upon first learning of the ground for such disclaimer (see, Matter of Allcity Ins. Co. [Jimenez], 78 N.Y.2d 1054; Matter of Legion Ins. Co. v. Estevez, 281 A.D.2d 420).