New York Central Mutual Fire Insurance v. Gonzalez

In a proceeding, inter alia, to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Suffolk County (Whelan, J.), dated April 18, 2005, which granted that branch of the petition which was to permanently stay the arbitration.

Ordered that the order is affirmed, without costs or disbursements.

The appellants’ failure to complete and return a sworn “Notice of Intention to Make Claim” form, which their insurer promptly provided to the appellants’ attorney on September 9, 2004, after receiving the attorney’s letter dated September 2, 2004,…