Transportation Insurance v. Mueller

—In a proceeding pursuant to CPLR article 75 to stay arbitration of an underinsured motorist claim, the petitioner appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated December 18, 1998, which, in effect, granted the respondent’s motion to vacate a prior order of the same court dated December 8, 1997, granting the petition upon the respondent’s default in appearing, and directed the parties to proceed with the arbitration.

Ordered that the order dated December 18, 1998, is reversed, on the law, with costs, the motion is denied, and the order dated December 8, 1997,…