Sentry Insurance v. Kolb

— In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for *805underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Nassau County (Kohn, J.), dated January 2, 1991, which denied the application and granted the respondent leave to settle a related personal injury action.

Ordered that the order is affirmed, with costs.

It was not an improvident exercise of discretion for the Supreme Court to deny the petitioner’s application to stay arbitration of a claim for underinsured motorist benefits and to permit settlement of the related…