Coregis Insurance v. Miceli

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, Louis Miceli appeals from an order of the Supreme Court, Westchester County (Cowhey, J.), entered March 14, 2001, which granted the petition and permanently stayed the arbitration.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that Louis Miceli, a firefighter employed by the City of New Rochelle, was not covered under the insurance policy issued by the petitioner Coregis Insurance Company because, as such, he was not an insured as that term was…