State Farm Mutual Automobile Insurance v. Mandala

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Mary Mandala appeals from an amended order of the Supreme Court, Nassau County (O’Shaughnessy, J.), *473entered May 25, 2000, which, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the amended order is affirmed, with costs.

The Supreme Court properly granted the petition and permanently stayed arbitration. Although the petitioner did not commence this proceeding within the statutory time period (see, CPLR 7503 [c]), an application to stay…