Legal Opinion

AutoOne Insurance v. Fernandez

Appellate Division of the Supreme Court of the State of New York

Decided August 7, 2013Published

1Opinion of the Court

— In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from a decision of the Supreme Court, Kings County (Sunshine, Ct. Atty. Ref.), dated September 7, 2012, made after a framed-issue hearing.

*470Ordered that the appeal is dismissed, with costs.

The paper from which the petitioner appeals is merely a decision, as the paper did not grant or deny the petition or dispose of the proceeding. No appeal lies from a decision (see Benabu v Rienzo, 104 AD3d 714, 714 [2013]; Wall St. Mtge. Bankers, Ltd. v…

2Cases cited5 opinions

  1. Schicchi v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Benabu v. RienzoAppellate Division of the Supreme Court of the State of New York · 2013
  3. Hamilton v. KhalifeAppellate Division of the Supreme Court of the State of New York · 2003
  4. Wall Street Mortgage Bankers, Ltd. v. HindsAppellate Division of the Supreme Court of the State of New York · 2011
  5. Diamond v. GallagherAppellate Division of the Supreme Court of the State of New York · 2002

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