In re the Arbitration between Richard Spychalski & Continental Insurance Companies

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

*849Appellant insurer is precluded from seeking a judicial stay of arbitration inasmuch as its application therefor was not properly served within the 20 days prescribed by statute (CPLR 7503, subd [c]). Additionally the payment by Utica Mutual Insurance Company of the full $10,000 under the standard New York uninsured motorist indorsement, while relevant to the consideration and determination of the claims of the parties by the arbitrator, is unrelated to appellant’s commitment to submit such claims…