Continental Insurance v. Josephson

—In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of a claim for uninsured motorist benefits, Continental Insurance Company appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated April 12, 2000, which granted the petition only to the extent of granting a temporary stay of arbitration and directing a hearing to determine whether the vehicle at issue was uninsured.

Ordered that on the Court’s own motion, the appellant’s notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is…