Opinion
2001-02774
Submitted November 7, 2001.
November 26, 2001.
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, Nassau County (Adams, J.), dated February 23, 2001, which denied the petition and dismissed the proceeding.
Feeney, Gayoso Fitzpatrick, LLP, Hauppauge, N.Y. (Elizabeth A. Fitzpatrick of counsel), for appellant.
Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Jonathan A. Dachs of counsel), for proposed additional respondent-respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the order is reversed, on the law, without costs or disbursements, the petition is granted, and the arbitration is permanently stayed.
The Supreme Court should have granted the petition to stay arbitration of the uninsured motorist claim. Henry Callender failed to provide the petitioner with notice of his uninsured motorist claim as soon as practicable, as required by his insurance policy (see, Matter of Metropolitan Prop. Cas. Ins. Co. v. Mancuso, 93 N.Y.2d 487; Matter of Eagle Ins. Co. v. Bernardine, 266 A.D.2d 543; Matter of Nationwide Ins. Co. v. Montopoli, 262 A.D.2d 647).
In light of our determination, it is unnecessary to address the petitioner's remaining contentions.
SANTUCCI, J.P., ALTMAN, FLORIO, H. MILLER and COZIER, JJ., concur.