Government Employees Insurance v. Shlomy

—In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of an underinsured motorist claim, and, in effect, for a judgment declaring that Auto Owners Insurance Company is required to provide primary underinsured motorist benefits, the petitioner appeals from so much of an order of the Supreme Court, Kings County (Garry, J.), dated February 11, 2002, as denied the petition.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs to the appellant, the petition *505is granted, and the matter is remitted to the Supreme Court,…