Opinion
2002-03698
Argued February 21, 2003.
March 17, 2003.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for supplementary uninsured/underinsured motorist benefits, Robert Venito and Marjorie Venito appeal from an order of the Supreme Court, Richmond County (Ponterio, J.), dated February 15, 2002, which, inter alia, granted the petitioner's application to permanently stay arbitration.
Howard M. File, P.C. Staten Island, N.Y. (Martin Rubenstein of counsel), for appellants.
Moore Associates, New York, N.Y. (Maureen Conboy of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the appellants' contentions, the petition to stay arbitration was timely filed (see CPLR 7503; General Construction Law § 25-a; Matter of Scuderi v. Board of Educ., 49 A.D.2d 942, 943). Further, the Supreme Court correctly determined that at the time of the accident, the appellant Robert Venito, an officer of Preferred Auto Parts, Inc., was not an insured, as that term is defined in the uninsured motorist provision of that corporation's policy (see Buckner v. MVAIC, 66 N.Y.2d 211; Matter of Royal Ins. v. Bennett, 226 A.D.2d 1074, 1075; Hogan v. CIGNA Prop. Cas. Cos., 216 A.D.2d 442, 443; Matter of Continental Ins. Co. v. Velez, 134 A.D.2d 348).
Accordingly, the Supreme Court properly granted the application to stay the arbitration (see CPLR 7503[b]).
FEUERSTEIN, J.P., FRIEDMANN, SCHMIDT and MASTRO, JJ., concur.