In re the Arbitration Between Erie Insurance & Malcolm

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered December 4, 2006 in a proceeding pursuant to CPLR article 75. The order denied the petition for a change in venue of an arbitration hearing with respect to a claim for uninsured motorist coverage.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the petition is granted.

Memorandum: Richard Malcolm (respondent) was injured in a motor vehicle accident in Brooklyn, and he filed a claim for uninsured motorist coverage with petitioner, his insurer. Respondent…