Santana v. Country-Wide Insurance

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed with $10 costs.

*295The petitioner operated an automobile and allegedly sustained personal injuries in an accident while uninsured motorist coverage from respondent was in effect (see, Insurance Law § 3420 [f] [1]). Petitioner served a demand for arbitration under the uninsured motorist coverage.

On the day of the hearing, respondent’s counsel, claiming a conflict of interest, requested that the arbitrator recuse himself. Upon the arbitrator’s refusal, the attorney left the proceeding without participating. The arbitrator subsequently…