In re the Arbitration between New Hampshire Insurance & Bobak

Martoche, J.P., and Green, J. (dissenting).

We respectfully dissent. As noted by the majority, we concluded on a prior appeal *1651in this case with respect to the first petition seeking to stay the arbitration in question that the “ ‘[arbitration should be stayed, not permanently, but pending the determination of the issue [s] of insurance coverage’ ” in a declaratory judgment action commenced in Pennsylvania by New Hampshire Insurance Company (NHIC), the petitioner in appeal No. 1 and a respondent in appeal No. 2 (Matter of AIG Claims Servs., Inc., v Bobak, 39 AD3d 1178, 1179 [2007]). At the time…