In re the Arbitration between Empire Mutual Insurance & Konetsky

OPINION OF THE COURT

Arnold L. Fein, J.

This is a motion by petitioner inappropriately styled as a motion to dismiss a special proceeding which petitioner heretofore brought to stay arbitration of an uninsured motorist claim sought by respondent-claimant. Petitioner’s application is premised upon the ground that respondent has already recovered no-fault benefits in the sum of $21,722.65, far in *844excess of the $10,000 which may be recovered under the uninsured motorist indorsement.

Upon this basis, petitioner apparently seeks a permanent stay of arbitration. The insurer claims to be entitled to a…