Silbert v. Aetna Casualty & Surety Co.

In a proceeding pursuant to CPLR article 75 to compel arbitration of an underinsured motorist claim, Aetna Casualty & Surety Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Costello, J.), entered May 5, 1999, as, upon reargument and renewal, adhered to so much of an order entered November 20, 1998, as granted the petition and denied that branch of its cross petition which was to permanently stay arbitration.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly permitted the petitioner to…