Aetna Casualty & Surety Co. v. Panetta

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of her underinsured motorist claim, Susan Panetta appeals from an judgment of the Supreme Court, Nassau County (Colby, J.), entered October 27, 1992, which granted the application. The notice of appeal from the order dated December 18, 1991, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).

Ordered that the judgment is affirmed, with costs.

The appellant is not a covered person entitled to underinsured motorist benefits under her father’s insurance policy. The policy provides such coverage…