Opinion
2003-06166.
Decided May 3, 2004.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Suffolk County (Henry J.), dated May 27, 2003, which denied the petition.
Martin, Fallon Mullé, Huntington, N.Y. (Richard C. Mullé of counsel), for appellant.
Davis Hersh, LLP, Hauppauge, N.Y. (Michele A. Trabold-Bellino of counsel), for respondents.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.
The respondents, the insureds, failed to provide the petitioner insurance company with notice of their uninsured motorist claim "as soon as practicable" ( Matter of State Farm Mut. Auto. Ins. Co. v. Bombace, A.D.2d [2d Dept, Mar. 29, 2004]; see Matter of Eagle Ins. Co. v. Brown, 309 A.D.2d 749; Schlesinger v. Nationwide Mut. Ins. Co., 294 A.D.2d 421, 422). Accordingly, the Supreme Court should have granted the petition and permanently stayed arbitration.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.