From Casetext: Smarter Legal Research

Matter of State Farm Mut. Ins. Co. v. Meneses

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1982
91 A.D.2d 615 (N.Y. App. Div. 1982)

Opinion

December 6, 1982


In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim under the uninsured motorist provisions of an automobile liability policy, Luis Meneses appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Graci, J.), dated May 26, 1982, as directed a hearing "of the issues raised by the petitioner as to whether [appellant] was injured in a hit-and-run accident, etc". Appeal dismissed, sua sponte, without costs or disbursements. The portion of Special Term's order which appellant seeks to review directed a judicial hearing to aid in the disposition of petitioner's application for a stay of arbitration. As such, the order does not affect a substantial right (CPLR 5701, subd [a], par 2, cl [v]), and is, therefore, not appealable as of right (see, e.g., Matter of Royal Globe Ins. Co. v Nanas, 90 A.D.2d 518; Chaimowitz v Goldschmidt, 87 A.D.2d 882; Bagdy v Progresso Foods Corp., 86 A.D.2d 589; Matter of Nassau Ins. Co. [ Clemente], 86 A.D.2d 611). An appeal will lie from the judgment entered subsequent to the hearing. Titone, J.P., O'Connor, Thompson and Bracken, JJ., concur.


Summaries of

Matter of State Farm Mut. Ins. Co. v. Meneses

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1982
91 A.D.2d 615 (N.Y. App. Div. 1982)
Case details for

Matter of State Farm Mut. Ins. Co. v. Meneses

Case Details

Full title:In the Matter of STATE FARM MUTUAL INSURANCE COMPANY, Respondent, v. LUIS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 6, 1982

Citations

91 A.D.2d 615 (N.Y. App. Div. 1982)

Citing Cases

Matter of American Home Assur. Co. v. Taveras

Additionally, upon remittitur, the Supreme Court should also resolve the issue of personal jurisdiction…