Liberty Mutual Insurance v. Bethel

—In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), entered March 12,1993, which dismissed the proceeding.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.

Having failed to file a notice of cancellation with the Commissioner of the Department of Motor Vehicles pursuant to the provisions of Vehicle and Traffic Law § 313 in effect at the time of the cancellation (see, Vehicle and Traffic Law §…