Opinion
2003-05275.
Decided May 3, 2004.
In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Orange County (McGuirk, J.), dated May 12, 2003, which denied the petition and dismissed the proceeding.
McCarl Harris, Montgomery, N.Y. (James P. Harris of counsel), for appellant.
Christopher C. Bragoli, Melville, N.Y., for respondents.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the contention of State Farm Insurance Company, its petition for a stay of arbitration was properly denied as untimely ( see CPLR 7503[c]; Matter of Steck, 89 N.Y.2d 1082; Matter of Hartford Insurance Co. v. Buonocore, 252 A.D.2d 500; Matter of Travelers Prop. Cas. Corp. v. Klepper, 275 A.D.2d 234).
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.