In re the Arbitration between Nationwide Mutual Insurance

—Mercure, J. P.

Appeal from an order of the Supreme Court (Ingraham, J.), entered May 2, 1995 in Chenango County, which granted petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.

Respondent was injured in a June 14, 1993 accident when she was riding on a hay wagon that was struck by a motorcycle. After the insurance carrier for the owner of the motorcycle offered respondent its full $10,000 liability policy, respondent sought additional payment under the underinsured motorist endorsement of a policy issued by petitioner to respondent’s parents, Robert Noble…