In re the Arbitration between Liberty Mutual Insurance & Morrissey

—Order, Supreme Court, Suffolk County (Patrick Henry, J.), entered June 2, 1992, which denied, after a hearing, petitioner’s application to stay uninsured motorist arbitration demanded by respondent Kevin Morrissey, unanimously affirmed, with costs.

Claiming that the offending vehicle was uninsured at the time of the accident, Morrissey served a demand for arbitration under the uninsured motorist clause of his policy with petitioner. Petitioner moved for an order pursuant to CPLR article 75 staying the arbitration on the ground, inter alia, that the other vehicle was insured by Allstate.…