Allstate Insurance v. Calderon

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Suffolk County (Jones, J.), dated June 23, 2003, which granted the petition.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

We reject the petitioner’s contention that it was not required to commence this proceeding to stay arbitration of the appellant’s uninsured motorist claim within the 20-day limitation period set forth in CPLR 7503 (c). “[T]he issue of whether or not…