Opinion
July 29, 1985
Appeal from the Supreme Court, Suffolk County (DeLuca, J.).
Judgment affirmed, insofar as appealed from, with costs.
Petitioner has failed to establish that a hearing is necessary to determine whether Kevin Fitzgerald, the decedent, was hit by an insured vehicle on May 30, 1981. The record conclusively establishes that the vehicle which struck Fitzgerald was uninsured on the date of the accident ( cf. Matter of MVAIC [ Malone], 16 N.Y.2d 1027). Mangano, J.P., Thompson, O'Connor and Weinstein, JJ., concur.