In re the Arbitration between Nationwide Mutual Insurance & Hodge

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Wood, J.), entered December 4, 1991 in Westchester County, which granted petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.

On July 10, 1989, respondent Henrietta R. Hodge was injured in a collision with an automobile owned by respondent Gloria Clarke and allegedly insured by respondent Wausau Underwriters Insurance Company. Based upon information that Wausau had canceled Clarke’s policy for nonpayment of premium prior to the time of…