Biundo v. New York Central Mutual

In a proceeding pursuant to CFLR article 75 to compel arbitration of an underinsured motorist claim, New York Central Mutual appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Kangs County (Harkavy, J.), entered June 8, 2004, as, after a hearing, determined that the petitioner was an insured person pursuant to a certain insurance policy issued by it and denied that branch of its motion which was to dismiss the proceeding.

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

The Supreme Court’s determination,…