In re the Arbitration between Erie Insurance & Williams

*1229Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered January 9, 2006 in a proceeding pursuant to CPLR article 75. The order denied the petition for an order permanently staying arbitration of the supplementary uninsured motorist claim of respondent.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is granted.

Memorandum: Petitioner commenced this proceeding seeking a permanent stay of arbitration of the supplementary uninsured motorist claim of respondent. On appeal…