Legal Opinion
Allstate Indemnity Co. v. Martinez
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 2004PublishedCited by 7 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Nastasi, J.), entered June 4, 2003, which, sua sponte, denied the petition and dismissed the proceeding for failure to comply with CPLR 304 and 306.
Ordered that the order and judgment is affirmed, without costs or disbursements.
Under New York’s commencement-by-filing system, in order to commence a special proceeding, the petition must be filed with the clerk of the court and the filing fee paid…
2Cases cited5 opinions
- Gershel v. PorrNew York Court of Appeals · 1996
- Mendon Ponds Neighborhood Association v. DehmNew York Court of Appeals · 2002
- Sangiacomo v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 2003
- Parkinson v. LeahyAppellate Division of the Supreme Court of the State of New York · 2000
- Montecalvo v. Columbia CountyAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by7 opinions
- Joy v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
- One Beacon Insurance v. DalyAppellate Division of the Supreme Court of the State of New York · 2004
- In re GrassoAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Arbitration between Hartford Insurance & MartinAppellate Division of the Supreme Court of the State of New York · 2005
- Montague v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2006
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